Regarding Property.
7 months ago
After my Father’s death my mother received a plot as legal heir by succession-mutation which was purchased by my grandfather, For that all the another legal heirs (Chacha’s, Buaa’s and we 2brother gave the NOC) through executive magistrate affidavit at the time of succession-mutation of the land.
Now my question is if my mother want to sale that land or want to give it to my sister or to my brother as gift through the registry process without anyone’s consent (both son or daughter) then is it legal?
Can anyone from us take a legal against her & against the party who’ll purchase or receive that land?
She have the power and rights to sale or gift the land to anyone by her own?
If there were prior agreements or affidavits, as you mentioned, in which other legal heirs provided a No Objection Certificate (NOC) at the time of succession-mutation, those documents could have legal implications. These agreements should be reviewed to understand the scope of the consent granted and any restrictions imposed.
You must go to the Court and get a stay order on such proposed transfer by your mother because it was not legally transferred in her name and no registered document was executed by you. She is not the absolute owner of such property.
Ancestral property is equally shared by all the coparceners/legal heirs by birth and on a partition, all the legal heirs got their share in an equal ratio. Transfer of title of the shared/partitioned ancestral property, consent from all the coparceners is required.
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