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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)

Answers (3)

Answer #1
542 votes
How did the partition take place at that time? And one more question is whether the NOC which you signed is considered as relinquishment deed now? See the property will dissolve to the legal heirs of the concerned deceased. You can claim the share only when you can prove that the suit property is a HUF property. You can also take the plea that when you have signed the NOC, you have signed it under pressure or without knowing the consequences of the said NOC. I m suggesting you to fight for your right. If the NOC is not on the record, you can easily get the share in the property, and if it is on the record, you can challenge the validity of said NOC. Thereafter you are entitled to take equal share in you fathers property. Revert me.
Advocate Atul Patni

Adv. Atul Patni

LawRato Delhi | 200+ Answers
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Answer #2
508 votes
Since you signed papers and transferred your part/share in the ancestral property and thus transferred it to your family members now you cannot revert back and restore the original status of ownership. Also that your brothers are no more, therefore their children and spouses (whosoever is alive) will be the lawful owner of the ancestral property. Further your query can be properly answered after looking at the property papers.
Thank you
Advocate Anuj Sehrawat

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LawRatoGurgaon | 25+ Answers
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Answer #3
892 votes
The division of property based on two aspect:
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.
Advocate Naveen Kumar Shelar

Adv. Naveen Kumar Shelar

LawRatoDelhi | 100+ Answers
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