property sell
3 weeks ago
we are four brothers and two sisters, we want to sell our house after mothers death(no will made by mother) but one sister is refusing to sign on NOC so what alternative option we have to sell this house.
A.Dear Client,
If your mother passes away without a Will, known as intestate, all surviving legal heirs are entitled to an equal share in the property according to the law of intestate succession. Without a registered deed of relinquishment from your sister, you cannot sell the property, even if other legal heirs provide a No Objection Certificate (NOC). A relinquishment deed can be executed for consideration or without it, but compensation is typically involved. This compensation can be in cash, goods, or through a family arrangement. The deed must be signed by all parties, witnessed by two witnesses, and registered to transfer ownership of immovable property to a co-owner.
If your mother passes away without a Will, known as intestate, all surviving legal heirs are entitled to an equal share in the property according to the law of intestate succession. Without a registered deed of relinquishment from your sister, you cannot sell the property, even if other legal heirs provide a No Objection Certificate (NOC). A relinquishment deed can be executed for consideration or without it, but compensation is typically involved. This compensation can be in cash, goods, or through a family arrangement. The deed must be signed by all parties, witnessed by two witnesses, and registered to transfer ownership of immovable property to a co-owner.
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A.Dear Sir,
File a suit for partition and the Court will decide. It is not understood why sister is not ready to sign the NOC when her share is offered.
File a suit for partition and the Court will decide. It is not understood why sister is not ready to sign the NOC when her share is offered.
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A.Dear Client,
If your mother passed away leaving the property intestate, i.e, without a Will, then on her demise, all the surviving legal heirs are entitled to an equal share in the said property following the law of intestate succession. Unless your sister relinquished her right of share in the property by executing a registered deed of relinquishment in favour of you, you cannot sell that property to others even if all other legal heirs agreed for NOC. A relinquishment deed may be assigned either for consideration or with no consideration. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. Reach out to an experienced property lawyer for guidance and steps
If your mother passed away leaving the property intestate, i.e, without a Will, then on her demise, all the surviving legal heirs are entitled to an equal share in the said property following the law of intestate succession. Unless your sister relinquished her right of share in the property by executing a registered deed of relinquishment in favour of you, you cannot sell that property to others even if all other legal heirs agreed for NOC. A relinquishment deed may be assigned either for consideration or with no consideration. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. Reach out to an experienced property lawyer for guidance and steps
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