If 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. 

The 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

Hi, 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

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