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Priya (housewife)     23 October 2012

Immovable property

My father bought a flat with my grandad (granded paid part money)in 1972. In 1973 my grandad passed away without nominating anybody for his share. My father continued repaying the money(on agreed monthly basis) to my grandmom and in 1995 repaid completely. My grandmom gave in writing that she has recieved full money.  By submitting this letter to the society my father got the share certificate transferred on his name. In 2009 when the amnesty scheme came he got the stamp duty and registeration done.

Now as per society records the property stands in my fathers name.

However, when he wanted to nominate my mother the society raised an objection and now says submit No Objection letter from legal heirs

Queries

Can the society after so many years ask for NOC?

Is there any law of limitation as far as claiming by legal heirs of share in ancestral property?

Can my uncles/aunts create problem in sale of property?

Can the society stop/ create property in the sale of property?



Learning

 2 Replies

dr g balakrishnan (advocate/counsel supreme court)     23 October 2012

dear friend,

By your grand mom signing that she got all moneys cannot satisfy the inheritance principle, as for as immovable properties are concerned. so your father will  face problems. society  is no great court at all but has to follow laid down law relevant please. sorry none can short circuit. regards   

SAA_Bombay (Pro)     23 October 2012

Dear Ms. Priya - here in this case, legal hier of your father means your mother & her sons & daughters. Quickly issue a NOC in favor of your mother & get issue settled. Again, after this formalities, your mother has to create new nominee.    


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