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What to do if a legal heir is refusing to give noc for property
18-Sep-2023 (In Property Law)
I have my late fathers property. There are five legal heirs (all hindu) where 4 (including me) has no objection on transferring the property in my name as we had already partitioned but not really on the courts (I have a home made no objection from all). As one of my brother expired, his widow wife is not ready to give a Noc. What can be the solution to this? 4 of us being on one side and just her on the other is a plus for us? Guide me on the legal way to overcome the obstacle I am facing.
best option is to file suit for partition of the property for division by metes and bounds . if it is not possible the property would be directed to be sold by the court.
1) issue legal notice to your brother's wife for partition of the property .
2) if she refuses file suit for partition of property by meets and bound
3) you are entitled to sell your share even now but you would have to offer your brother's wife first right to purchase the property .
4) best is to enter into deed of family settlement / parttition so that you dont have to go to court
1) issue legal notice to your brother's wife for partition of the property .
2) if she refuses file suit for partition of property by meets and bound
3) you are entitled to sell your share even now but you would have to offer your brother's wife first right to purchase the property .
4) best is to enter into deed of family settlement / parttition so that you dont have to go to court
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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