Can i withdrawn my "no objection" (affidavit) ?

861 votes

yes you can cancel the NOC granted in favour of your brothers by swearing further affidavit before the executive magistrate court of your jurisdiction specifying the reason of your withdrawal and also you may sue both of your brothers after serving of legal demand notice of your share in the property left by your father. As after amendment of the Hindu Succession act married daughter is also entitled for share in the parents property.
“The text of the 2005 amendment, itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the Hindu Succession (Amendment) Act, 2005.”
“In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective,” the Supreme Court said....

Seek appropriate advise accordingly.

Advocate Mahesh Kumar Joshi LawRato

502 votes

First of all your father made no will. So the succession of property would be guided by Hindu succession act. As per the act you and your brother have equal share of property. The only way you can transfer your share is either by gift deed or sale deed. Since there is no will no question of no objection arises.

So in the eye of law your share of cinema hall is still intact. Affidavit cannot say no objection. There is separate procedure for that which is useless here.

Now there are 2 ways to get back your share. Partition deed or partition suit. If your brother is not interested in portion deed which is mutual then file partition suit in the court of law. You get your property share back.

Call me if you want to know more.

Advocate Arnab Kumar Banerjee LawRato

781 votes

Yes, if you claim to return back the property,it will be a valid claim.according to Transfer of Property Law ,a permanent transfer of an immovable property must be registered, any verbal or written agreement which is not registered ,not stands a valid transfer.

LawRato LawRato

992 votes

MY OPINION THAT i have follow your story, i think that as a legitimate son of your father and also as co-owner of that family property you have every right & privilege to have establish your legitimate right by cancellation of NO OBJECTION , in multiple legal proceedings at competent forums.

Advocate Ranabir Banerjee LawRato

810 votes

Here it is to clear till dated who is the owner of property at which cinema hall is running .trade permission is other thing and becoming a owner of property is other thing .if till date name of the owner of property is not transferred in the name of your brothers only trade permission is given to your brothers then you may raise the question of share before court otherwise you can suffer

LawRato LawRato