quesHow to claim share in ancestral property in Uttar Pradesh?

I have ancestral property (Residential) in U.P which belongs to my maternal grandfather and was self acquired by him. After 10 years I have come to know that my mother and her sister were made to sign some NOC type document, by misguiding them, based on which their brother got the entire property transferred on his name including name in Municipal corporation records and now when things have opened up, he is denying ours as well as share of the sisters. He has refused to provide copy of signed documents by sisters. Please guide me on How and where from can I get copy of same NOC.

  • ansIf the property was inherited under a will. In case, Will was executed by your maternal grandfather, then your Uncle must have gotten probate of proerty done through Court and the NOC of your mother can be obatined from Court. 

    In case there was no will, then the said documents are in possession of your Uncle only which cannot be obatined through a legal route.

    In such a scenario, your mother would have to sue your uncle and force him to produce the said NOC in Court. 

  • ansThe transfer in the records of MCD is process known as mutation which is mainly for the for the purpose of payment of property taxes. However this does not give the person the title ownership of the property.
    So, we suggest that you should file a suit for partition thereby seeking your mother's share in the property. Along with this you should also file an application for temporary injunction thereby seeking stay over the property i.e the brothers of mother cannot sell or transfer the property to anybody

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansHi, please tell me if the property was inherited under a will. In case, Will was executed by your grandfather, then your Uncle must have gotten probate of proerty done through Court and the NOC of your mother can be obatined from Court.

    In case there was no will, then the said documents are in possession of your Uncle only which cannot be obatined through a legal route. In such a scenario, your mother would have to sue your uncle and force him to produce the said NOC in Court.

    Advocate Kanika Bhutani

      Punjabi Bagh (West), Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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