The jurisdiction of this land purchase is in Coimbatore, Tamil Nadu. Mr. Konar purchased a property in 1975 and he passes away with 6 sons/daughters. He didn't have a will, thus we have a intersate situation. Since one of the legal heirs was unwell, the POA was given to his son. His son and all the other 5 legal heirs signed and The entire property was sold to Mr. X and I am planning to buy a portion from Mr. X. My question here is all the 6 legal heirs have sons and daughters who are 18+. What I would like to know is in the future is it possible for the sons or daughters of the legal heirs to lodge a complaint againt the property deal claiming that their fathers or mothers have sold grandfathers(Mr. Konar's) property without their NOC? Is it required for the 6 legal heirs to get a NOC from their major sons/daughters?
The grandfather's property in the hand of the grandson or granddaughter is treated as ancestral property and all the surviving legal heirs are entitled to an equal share of the said property by birth. When all the legal heirs are matured you need to obtain NOC from them before disposing of the property otherwise in the absence of NOC, they can claim their share in the property as their right to property is not extinguished.
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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Legal Heir Dispute
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