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Claim of property of deceased father
07-Jun-2023 (In Civil Law)
my father had died on 16.04.2018 leaving behind one house as a property,I have mother,one brother and one sister (married).how can the property be transferred in the name of Myself and my brother.Is there any need of NOC in court from my mother and sister .Plz elaborate the whole process.
Well, your question is incomplete in the eye of law . You have not stated about the nature of the land , absolute ownership/Title of the land. Whether this one is your ancestral property or purchased by whom etc .
More over, if entire co-shareer being successor of the land owner are agree in a partition by Mets & Bond , they May file pitition jointly before the revenue officer to issue correction slip accordingly their share . Hence , no need of NOC from anywhere.
But, frankly without perusal of entire document of the land and knowing the successor, present situation and circumstances among the co-shareer can not be advised properly . Plz, consult your lawyer or May contact with entire documents.
Thanks
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Adv. Aditya Kumar
Gumla | 100+ Answers
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Your mother have absolute right, if having name in ration card or any other supporting documents, to sale or give any one or many, her right is overriding, if the property is earned by your father, if it is ancestral, then an application to revenue officer will help you getting the said property in the name of you three( you, your brother and mother).
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Adv. Chandra Bhushan Jha
BokaroSteelCity | 25+ Answers
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Venerated Questioner,
I bring to inform you that after amendment in Succession Act it avers that daughter have right for the ancestral property and father's property. If your mother and sister give relinquishing right over aforesaid property then it can be transferred amongst your brothers equally. Feel free to call give feedback.
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Adv. Anil Kumar Singh
Ranchi | 5+ Answers
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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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