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priya kopparthi   25 September 2015

is NOC required from my aunt

Dear experts, My grandfather owned a land. There is no will. Only just boundaries of the land details are mentioned. He is expired. He has a son(my dad) and a daughter(aunt). I wish to construct house over there. Do I need to get NOC from my aunt? Or can my grandma gift it to my dad or me. Please advise


 2 Replies

saravanan s (legal advisor)     25 September 2015

since he had died intestate your grandmother and his children would get equal share in the property.so your dads must be 1/3 rd share in the property.try to arrive at a family settlement to workout your share and if its not possible to arrive at a amicable solution file a partition suit to determine the share

saravanan s (legal advisor)     25 September 2015

grandmother can gift her share alone to you or your dad and if your aunty doesnt want any share then she can relinguish her rights over her share


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