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Sister not signing the NOC to get the property share division


29-May-2023 (In Property Law)
My Mother has a jointly owned apartment with my (late) father. We are 4 daughters and the only heirs of my father. My mom now 70 is now settled with me in a different city and that's the only asset she is dependent on financially right now. She wants to dispose of the property and even willing to give away the share also. But one of my sister with some malified intentions is not willing to sign any noc or relevant papers. Please advise how we can proceed.
Answers (3)

Answer #1
957 votes
you at present have one-fifth of fathers share. your mother can relinquish her share by executing the deed of relinquishment. For that NOC and permission from sisters is not required and she could do so without hassle.
Answer #2
594 votes
Hi there!!!
You can file a suit fr partition wherein your mother has 62.5% share in the property and you all sisters have 12.5% in the property. If all agree to it before the court then the sister who is opposing might also agree as at the time of deciding the module of partition, it might get sold also and she will get her share in monetary terms.
For further please contact for the best suitable remedy.
Answer #3
791 votes
Your mother is the part owner of the said apartment and remaining share belongs to the other legal heirs. To sell of the complete property, you need to consult a lawyer along with the property papers so that lawyer can further guide you with the same to dispose off the property by selling it.

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