Jay (NA) 30 August 2012

Right on property- daughter

My Grandfather died in Oct-1998. His legal heirs are My Grandmother, My father (Son) and and My fathers sister (Daughter)-Aunty. After their death all legal heirs are taken on "ferfar Utara". After that My Grandmother and Aunty gave NOC on stamp paper stating no issues for transfer of property on my fathers name.. It is not registered. SO all property transferd on my fathers name.

All records have been through by Jan1999. Later, in 2010, My Aunty files a case for getting Rights/ Shares on ancestral property who already gave sammati patra.

Is she have a right to ask the share on the property?

My Aunt marriage-1968

My grand Father Death- Oct-1998

Transfer Of property- Nov1998

NOC- At the time of transfer of property

My Grand mother Death- May 2002

Case Filed- May 2010

Let me know if any other details Required.

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2 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 30 August 2012

All immovable property related transactions have to be compulsorily registered as per law to take effect. Since you have not registered the Sammati Patra it cannot be considered as evidence and your aunt has right in the property.

Also, it is not clear whether she only gave permission (sammati) for getting your father's name on the 7/12 to the exclusion of others or whether she gave away all her rights in the immovable property (by way of gift or otherwise) to your father.

Another point to check is whether the property was ancestral or self acquired. If it was ancestral then, all the co-parceners will have rights in the same.

S Jadhav

Jay (NA) 31 August 2012

She gave NOC in front of Talathi in Talathi Office. She gave statement - DOnt have issue / problem to transfer all the property on My fathers name. after complition of document she filed case after 12 years . is that valid?