If your father has not made a will then the property belongs equally to his widow and all his children. Have you already given then NOC to your family members? If you have signed the NOC already then you need to challenge the NOC in the court. If the NOC has not been signed by you then you can file a case for partition in the court to cull out your share along with seeking a stay order on the sale of this property.
My property share
dear sir my father died last 2 year back and the property my father name allotment society flat not free hold by DDA. My mother steel available i am 2 brother 2 sister all are married. We are staying same flat with my brother my mother . but all family member inserted sell this flat. but i am not feel safe my share. bkz all family member forced me provide NOC from my side. I feel my father not any making will any one name , so please tell me how to safe my share. And any will available than i have right my property share.
Asked 11 years ago in Property Law
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7 Answers
dear sir i dont have any document property . i am not given any noc my side my family members
Asked 11 years ago
Dear sir It is possible after my father death property directly my mother name . allotment Society flat not free hold by DDA Mother 2 brother 2 sister all are married
Asked 11 years ago
If NOC has not yet been given by you then the property belongs equally to you and your siblings along with your mother. It could not have been registered directly in your mother's name after your father's demise. File a case for partition to cull out your share in the property.
without NOC from other legal heirs flat could not have been transferred in mother name . each legal heir has 1/5th share in said flat . file suit for partition
Prima facie your are entitled to get 1/5 share in the property of your deceased father who died intestate leaving behind him by wife and four children including you.So, fight it out whatever way you could and for that consult a local lawyer.
Thanking you,
Dear sir I don't have any document of the property. how to claim my share. or if my father any making any will than after that my right in the property
Asked 11 years ago
if you have property details you can obtain copies from DDA office . contact a local lawyer .
if your father has made a will property will devolve on the beneficiaries named in the will
Carry out a title search. For this you will need the assistance of a local lawyer.
I think you don't want to take any action particularly legal.If so ,continue to live in the flat ,nobody can harm you right now unless brings a real will of your father,which may not happen,as probably no will exists.
