LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashish (dm)     28 January 2014

Guidance req regarding ancestral property

Hello all,

This query is regarding my father-in-laws property.

This property was purchased by my father-in-law in the name of himself and his mother. Unfortunately my father-in-law died without making any 'will'. He died leaving behind his wife, 1 daughter (my wife) and 1 son. Few years later my father-in-laws mother also expired. She had 4 childrens (my father-in-law who is already expired, 1 son (alive) who is married and has no children, 2 daughters (both alive) who are married and having 2 children each). She (my father-in-laws mother) made a will but it is not registered but is on stamp paper. In this 'will' she mentioned that the said property should be transferred in the name of my mother-in-law and her children.

Now i want to register this property in the name of my mother-in-law, my wife and her brother.

But the lawyer says that he needs signature on a NOC of all the legal heirs of my father-in-laws mother.

Now i have 2 questions

1) Whether the signatures of all legal heirs is required on the NOC as my father-in-laws mother has signed a 'will' saying that the said property should belong to my mother-in-law and her children.

2) Can the children of legal heirs (mainly my father-in-laws 2 sisters children) can claim their legal right on the said property in future?

tnx



 1 Replies

adv.raghavan (Advocate,9444674980)     28 January 2014

Male dying intestate property will devolve upon the CLASS I  legal heirs, that involves mother also, in your case your F I L died intestate, and the property was purchased in Joint name [ F I L and HIS MOTHER), so it has become the absolute property of his mothers, after the death of her son, she left behind a unregistered will, whether  a unregistered will is valid  or not, depends upon the state where u reside, since it has become absolute property of your grand mother she has all the right to do settlement of her property according to her wish. It the cousel insists for a NOC rather relinquishment from other legal heirs of your grandmother, i think just to safe guard your interest in future,coming to last question whether can they claim in future possibility is nil, as their mother had already relinquished their rights. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register