Upgrad LLM

noc for selling property


We are hanfi muslim and our mother left one room behind after her death in 2009. This is ancestral property from her parents. Now my father and younger brother have occupied the property. We other 3 brothers and 1 sister having share in the property insisting on selling this property which they are not agreeing. How many maximum NOC is required to enforce the sales? Can we 4 together enforce the sales being in majority? How landlord would know that how many nominees are there in the property? If supposing, my father and yournger brother approach landlord to name the property in their name pretending to be the only survivors, would he accept it and register it in their name? If yes what remedy exists.

I know that as per islamic sharia principles, the share has to be divided as 2/9 to each 4 sons and 1/9 to daughter after adjusting 25% share of father (i.e. husband).

 
Reply   
 
Advocate

As per law the landlord shall ask for the legal heir certificate/succession certificate which shall be obtained from the High Court.

 

Based on which Landlord will come to know who are the legal heirs of the deceased tenant.

 

Without this Landlord cannot transfer the tenancy in the name of anyone from your family. kindly inform the landlord about all the legal heirs in writing so that your father and brother cannot do any fraud.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 

 

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x