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Author Topic: N.O.C. Affidavit from Sisters  (Read 409 times)

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Offline legalassistance

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N.O.C. Affidavit from Sisters
« on: July 16, 2016, 11:16:26 AM »
My father has 3 brothers and 3 sisters, in total they are 7. They have a property
which is a house. It was on my grandfather's name, but he died
in 1987, after which the house was named after my grandmother.
She also passed away in 2010, after 6 years, all bros want to sell that
property, and all sisters have given their affirmation. The sisterz also have
said that they don't want any share in the property. So
1. Is NOC affidavit alone sufficient, through notary?
2. Are the sisters automatic heirs to that property, as their father
    died in 1987 and mother in 2010?
3. Can sisters' children claim for that property, before or after the
     N.O.C. affidavit
Kindly solve the problem

Offline adv.amarnath

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Re: N.O.C. Affidavit from Sisters
« Reply #1 on: July 17, 2016, 12:46:54 AM »
Is NOC affidavit alone sufficient, through notary?
Ans: It has no validity

2. Are the sisters automatic heirs to that property, as their father
    died in 1987 and mother in 2010?
Ans; Yes,

3. Can sisters' children claim for that property, before or after the
     N.O.C. affidavit
Ans: After the death of sister, their respective heirs and legal representatives has/ have right to claim.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline legalassistance

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Re: N.O.C. Affidavit from Sisters
« Reply #2 on: July 18, 2016, 05:04:02 AM »
Thanks Adv. Amarnath. Can I have a more detailed answer on
my first question, i.e. what is a valid document for that

Offline rajgopal sripathi

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Re: N.O.C. Affidavit from Sisters
« Reply #3 on: July 18, 2016, 07:05:23 PM »
Hi
After the demise of your grand father, the property was transferred in the name of your grand mother and hence it is her absolute property.  So all the sons and daughters are eligible to get equal share of this property
a) NOC affidavit is not the correct way for property transfer. The daughters and sons should execute a registered settlement/relinquishment deed at the sub registrar office after payment of stamp duty and registration charges. Since it is a settlement deed/relinquishment deed involving family matter charges are normally less than 5% for Stamp duty and registration charges.
b) Are the sisters automatic heirs to that property, as their father died in 1987 and mother in 2010?- Yes sisters also are legal heirs eligible to claim  a share of property.
c) . Can sisters' children claim for that property- Answer NO. In accordance to Hindu succession act, grand children of living children are not class I Heirs.
Only sons, daughters and husband are class I heirs and they succeed to the property of the female hindu who has died intestate to the exclusion of all other classes of Heirs.
Hope this helps
The class I heir's succeed to the property as tenants in common.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: N.O.C. Affidavit from Sisters
« Reply #4 on: July 21, 2016, 08:28:34 AM »
Transfer of their share through registered Deed is the only way like Gift or Sale.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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