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Uncle sold property without NOC from legal heirs, what to do ?
02-Dec-2023 (In Property Law)
My maternal uncle has sold my late grand father property to developer for re development without any NOC from his sisters. There is no registered will left by my grand father. Now the developer & brother has agreed for out of court settlement to get NOC from sisters for a lump sum amount. They will pay the agreed sum in 3 installments. For the NOC agreement deed to be signed by sisters what all checks and conditions should be present to ensure the said amount is paid on agreed dates. Please advise. Also kindly advise shall the sisters only give thesigned NOC only after receiving first installment. Religion - Hindu
yes atleast one should take the first installment before releasing the signed NOC, my opinion is an agreement should also follow and remember to take all installment in cheques, post dated one. as you need to show it in your IT file. for further help contact me through this site
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Under Dayabhaga law, the sisters have to transfer their share by way of gift.What type of NOC you are talking about is not clear.please contact a lawyer so that every confusion of yours will be cleared.
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Adv. Payel Adhikary
Kolkata | 25+ Answers
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Sir/Madam
Your maternal uncle had entered into an invalid agreement as he is not the owner of the entire share left by your grandfather. My opinion from the plain reading of your matter, not to sign any NOC unless the entire payment is made to you.
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Your maternal uncle had entered into an invalid agreement as he is not the owner of the entire share left by your grandfather. My opinion from the plain reading of your matter, not to sign any NOC unless the entire payment is made to you.
Thanks
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Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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