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yatin   22 April 2017

Property dispute

we have a land 40 guntha in khopoli , maharashtra. Land has names of my two brother and 5 sisters ( I am one of the sister ) ( This land came to us after death of our father and mother )
We all sister and brothers are married.
one of my brother wants to operate a pertol pump by giving this land on lease to a petrol pump company. He is not offering anything to us ( 5 sisters ) and want a NOC from us to transfer this land on those two brother's names.
what should be our legal position and demand from him.
What care we need to take and which documents we should demand from it before taking decision.


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 8 Replies

Dr J C Vashista (Advocate)     23 April 2017

Same query appeared in "Experts" platform also, which have already been replied.

shrenik (lawyer)     23 April 2017

Dont give noc for free Daughters have equal share in property

P. Venu (Advocate)     23 April 2017

All the siblings have same rights, interests and liabilities over the land; their entitlements are equal. Try work out a family settlement; if not successful, you have the option to file a partition suit.

Kumar Doab (FIN)     23 April 2017

Why to repeat!

Kumar Doab (FIN)     23 April 2017

You can dispose your share {@ market price} to brothers ( Co-sharers).

yatin   24 April 2017

Hi,

We have decided verify lease document with petrol pump company & our stand is that the lease rental income should be divided equally between all 7. However my two brother are going to operate petrol pump in that land by investing 10~12 lakh rupee as initial amount and other operating cost. I have two questions :

1. We told them that only rental income will be divided equally between us 7 & profit by petrol pump will be shared only between those two brothers , is our stand correct ?

2. If those two brothers are operating petrol pump on that land for 30 years, after 30 years can they claim authority over the land by law as they working on this land for 30 years ? if yes then what would be our stand

Kumar Doab (FIN)     24 April 2017

Preferably show all property related docs and model agreement sent by Petroleum Company or drafted by brothers, to your own very able counsel specializing in such/civil matters and let your own counsel draft/realign to defend your long term interest………………………..before you sign on dotted line.

Once you sign, you can asked to abide by T&C reduced in writing and signed by you.

T. Kalaiselvan, Advocate (Advocate)     09 May 2017

Since you are one of the legal heirs to the deceased, you have an equal rights to that of your siblings in this property. 

You do not have to sign any NOC, instead you can file a partition suit seeking your share in the property and also filing an injunction application restraining your brothers from alienating or encumbering the property in any manner. 

You may not get solution or relief if you do not opt for legal remedies in this aspect. 


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