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Nitin (SEO)     18 February 2017

Grand mother property

My grandmother had two daughters. one, ran away from home because of some love affairs & she got married  and since then she dont have any connection with our family and finally she died 28 years before And she has 2 sons.And the second is my mother. My grandmother owns a flat and registered under her name and she had written  a Affidavit in 1992 papper on my mother's  name but its not registerd . And the property undergone  re-development. During that period my grandmother made the agreement  with the builder mutually ie( with her name & my mother's name). After few years my grandmother got expired. Now we are planning to register the flat on my mother's name,  the  builder is asking for the NOC from  those two sons.As our family dont have any connection with them, we are unable to recive the NOC from them. Mean time  we had given a public notice in the local newspapers seeking any individuals with a claim or interest , or demand on the same property should revert us with
 the supporting  documents within 15 days. But we haven't recived any claims. Kindly suggest me the next procedure inorder to register the same on my mother's name.


 8 Replies

Adv. K.S.A.Narasimha Rao ( )     18 February 2017

Dear Nitin,

Basing on the Affidavit and as well as the Development Agreement, you can file a suit for succession for the estate left by your Grand mother.


Nitin (SEO)     18 February 2017



How many days it will take for succession certificate and what about lawer fess as wel government fees.

Adv. K.S.A.Narasimha Rao ( )     18 February 2017

Time it depends on the court procedure and money basing on the Advocate. 

Court Fee and other expenses will depend on the worth/market value of the property.

Kumar Doab (FIN)     18 February 2017

It is believed that you are all Hindu.


Kumar Doab (FIN)     18 February 2017

If you are all Hindu and property of grandmother was self acquired/absolute in her hands ; then all legal heirs have equal share i.e; husband, sons, daughters…………….

The builder seems to be right.

Kumar Doab (FIN)     18 February 2017

What is this affidavit? Say a WILL?

If it is a WILL then get it examined from your counsel and confirm: if it is a valid WILL.

Also show the agreement with builder to your own counsel at your location, specializing in property/civil matters.

The succession certificate contains the names of all legal heirs.

If legal heirs  may agree to sign NOC and/or gift/sell/relinquish/transfer/release their share  etc .............

shrenik (lawyer)     22 February 2017

agree with mr kumar , sucesion certificate will also need NOC from the two sons .

but what you can do is say that the affidavit is a will only . take probate of that will and on basis of that will you can have name of ur mother easily . 

Kumar Doab (FIN)     23 February 2017

If they are unwilling to sign NOC then they can sell their share to say: you.

Prefer relinquishment deed also if they are willing to sign NOC.

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