Signed NOC to transfer property but now how is the property divided
24-Apr-2023 (In Property Law)
Dear Sir/Madame, My father had agricultural lands and properties.He divided those among his 5 children(3 brothers & 2 sisters including me).We both sisters decided to give up our share to our brothers at that time and signed papers in court regarding the same.(don't have any evidence of those papers that we signed).Now one of my brother and his family is no more.So I would like to ask how that wealth would be divided and who would be the legal heir of all that wealth and properties ?Am I legally supposed to get any share in that now?(Also my other two brothers and their wives are no more)
Thank you
If the property self acquire (other then ancestral property)- On the wish of absolute owner of property that could be a Will/gift/transfer etc.
If the absolute owner died without any wish (intestate) (without any will / gift/ transfer etc) then it divided equally among all the surviving legal hires of the deceased.
In the case of ancestral property, it divided equally among all the surviving legal hires of the deceased.
In your case, it seems you got signed some paper in the court (it could be Relinquishment deed, sale deed, transfer, gift etc) which means you left all your rights on the said property being one of the legal heirs.
Now, the division of the said property/ share can be claim by you and other brother and sisters of yours being the legal hires of your brother.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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