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NOC validity

my grandmother passed away on 11.5.2001.she had some property . she had 2 kids a son and a daughter .daughter passed away on 30.4.2013 . her inheritors a son and husband gave a noc in favour of my father to transfer all property in her name to himself. but before this could implement my father away on 15.6.2023. give my rights on grandmother's property. case is in india

( Lucknow, Uttar Pradesh )

2 months ago

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A.
Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Grandmother's property is ancestral property in the hands of the grandchildren. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. When your grandmother, along with her legal heirs, passed away, intestate, i.e., without any Will, then all the surviving legal heirs are entitled to an equal share in the said undivided property. An NOC does not empower a person to transfer the title of the property to others, especially when a property is ancestral that requires NOC from all the surviving legal heirs or co-owners of the deceased. Accordingly, the surviving family members of your deceased father's sister, if there are any, are also entitled to an equal share in the said property. Since the property inherited by your deceased father is explained as ancestral property, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963, before the competent Civil Court, read with Section 151 of CPC, praying the Court to exercise its inherent power to do justice. Being a coparcener and legal heir of the said undivided ancestral property, you can file a civil suit for partition in the civil court to obtain your share in the property. If required, consult or hire an Advocate to navigate the issue in the right way.
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