Ancestral property - co-operative society Ancestral property - co-operative society

1 year ago

We have an ancestral property which is registered under a co-operative society. There are 7 legal heirs. 3 brothers & 4 sisters. Out of 4 sisters 2 sisters have agreed for executing relinquishment deed in favor 3 brothers. Remaining 2 sisters are not agreeing for same. I would like to know that can other 2 sisters challenge if brothers move ahead with redevelopment of property? Does co-operative society laws get applicable as it is registered under a co-operative society? Can court disregard the 2 minority members against other 5 family members ?

Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

Since it's an ancestral property, all the legal heirs have equal rights over the property. Thus, to move forward you need all of their NOC.

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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,
Everybody has an equal share in the property.
The signatures and NOC are required too. If two people are not agreeing with the said, then you cannot proceed without their consent. Minority part is not clear to me. Minority as in age or as in a group of two.

In case if they are minor (age) their legal representative/parents will be responsible to take decisions.

Thanks and Regards
Simi Paul
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
It depends upon various factors which may be placed before concerned Court and most probably the request of two minority members may be considered and justice may be given.
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