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Mahesh (Associate)     06 September 2010

Property Sell by Mother after Father's Death

Dear Sir,

My Father died in 2007. He is having one flat (purchased by him) in his name. Now we transfered flat in the name of Mother. We are two brother and one sister.

Now my mother wants property to be transfered to my name, but without consent of my brother and sister. As per our laywer, father's property cannot be transfered or sold into my name without consent of brother and sister. Mother does not want my brother ot sister to share this property or money.

I want to know, what rights my mother has on this property?

Can she sell this property to other party without our consent, or if she sell, can my brother legally take any objection in future?


 10 Replies

raj kumar ji (LAW STUDENT )     06 September 2010

first of all mahesh when ur father is dead instate mean he do not write any will before his death .

now the property is ur mother name .when the property is transfered to ur mother u all gave no objection certificate .

raj kumar ji (LAW STUDENT )     06 September 2010

AFTER that the property is transfered ur mother name .nowwhat is the agreement with all of u clear first ?

Mahesh (Associate)     06 September 2010

Dear Raj,

Property is transfered to mother's name based on father's unregistered WILL. Now she wish to transfer the same property to my name. I suggested her instead of transfer, you sell it to me. But Laywers and finance banks are objecting to my purchase request.

Even if mother wants to transfer the property to my name, court asks no objection certificates from my brother and sister.

Other way if she wish to sell the property to third party, third party for his safety, asks for no objection from all existing siblings.

I want to know, can my brother and sister take objections if she sell this property to third party?

Can I buy this property in my wife's name?

Mahesh (Associate)     06 September 2010

Also suggest me, can I buy my mother's property in my son's name?

Darshan Panchal (Advocate)     06 September 2010

If  ur mother became entitled to the property under a will though unregistered, it became her absolute property and nobody else has any right or title in it ecept her and  she can dispose it off in the manner she likes. Your bro and sister can not object to the same. Had it not been for a will, it would have been a diff situation. But having become entitled to the property under a will, it has become her absolute property.  ur lawyer shld hv brought this to ur notice. However, it is always open to ur bro and sis to challenge the will claiming that it was obtained by fraud, forcefully etc.

Mahesh (Associate)     06 September 2010

Sorry, but I did not understood by your words" However, it is always open to ur bro and sis to challenge the will claiming that it was obtained by fraud, forcefully etc."

Do you mean to say, whenever mother sell or transfer property to anybody, she need to bring this into notice of brother and sister?

raj kumar ji (LAW STUDENT )     07 September 2010

mahesh ji, i agree with panchal

raj kumar ji (LAW STUDENT )     07 September 2010


raj kumar ji (LAW STUDENT )     07 September 2010

she can make the gift deed to there grand son ?or she make a wiil in favouring of u & ur family member .

Maharaja Pandian Srithar (SYSTEM ADMINISTRATOR)     17 April 2012

hi Sir,

Same like ‘MAHESH’, I too have the issue.

The difference is my grandfather died without writing any will.  After his death, only the "PATTA BOOK' (property details) has been changed to my grand mother's name but the entire property is still on my grand father's name (Entire property documents).

Along with my father there are totally 5 members. My father (Pandian) was the elder one.  And below is their family list.

1. Pandian

2. Ram

3. Sivapon (Expired)

4. Lalitha

5. Jyothi

A,) By 1982, my grand-mother has given one of the property document (shop) to her daughter (Lalitha) containing no objection certificate (remaining members signed).  But, my father have not signed in that no objection certificate.

       1. What kind of action can we take against this? Please explain me in brief?


B.) By 2000, my grand-mother and her younger son (Ram) had made some plots of a particular land and sold them to cheaper rates. But my father never signed.

Now, by 2011 the people who had bought the plot's with-out my father's sign are asking for signature.

                     1. Can we file case against the buyer and seller?

                      2. Explain what kind of action can we take?


C.) By 2001, My grand-mother had changed the name to her daughter (Lalitha) in the VO (Village Officer) book of records.  But, this property document is also in the name of my grand-father.

                  1. For this type of steps or action can we take?


D.) By 2003, excluding my father, My grand-mother along with her younger son (Ram) and younger daughter (Jyothi) signed one no-objection certificate stating that all of their other property shares are taken care by her elder daughter (Lalitha).

          1. So, is that deflation made with out my father's sign is valuable?

           2. What kind of action can we take against this?

E.) By 2010, my grand-mother never allowed us to get into the house and locked the door.   So, we can't able to get into the house. 

Last time  when we entered the house of all these obstacles, my grand-mother made a fake police complaint stating that we are threatening her and abusing her with bad words.  And the local police is also supporting her only and the POLICE, she is openly making a statement that there has been immense pressure from higher official to keep all of our family people behind the cells.

              1. In this scenario, how can we get into the house?

              2. if the POLICE is supporting her, what can we do and how shall we proceed ?


 F.) Recently 2011,  with out my father's no objection certificate my grand-mother had registered one of my grand-father's property to one of her younger son (Ram).

                  1. For this type of actions can we take?

                  2. Can we make this to a criminal case?

                  3. How can we lock these people?

 More over, my uncle (Ram) has written several life threatening letters against my father from 1992 -1998.  Can we do anything with these letters, like give complaint against him?

Please suggest me some remedy.




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