What is the role of court ? What type of case pending in court ?
If grand died intestate (withtou WILL), all have 1/5th share each.
Transfer of property after death
Due to the Death of my grandfather, our shop was to transfer to my father (as per discussion of all 5 heirs including my father). All 4 heirs(grandmother and 3 fathers sisters) have signed and submitted no objection certificate in front of judge. In last hearing when court asked them to submit ID proofs, they did not came and 1 month later filed case against my father for forcefully taken sign, which was not done by my father. They don't even come to court for hearing. They don't have any proof of wrong doing by my father. Now they are asking for equal share in property. Whats the best Solution of this as 24 Feb is our hearing date.
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
1. The proper way to relinquish the share of the other legal heirs is registration of their rights by registering Relinquishment Deed which has not bee n doine in the instant case.
2. How the matter has gone to the Judge? Did your father file any suit before the Court wherein the other legal heirs had submitted NOCs?
3. Since they have already denied that they had willingly signed the NOCs, your father's claim of the said property based on the said NOCs will not have any legal leg to stand.
4. It will be appropriate for your father to settle the matter amicably with them to ensure that they withdraw their case and appears before the Court during the hearing of the case filed by your father.
On grandfather demise grandmother ,3 aunts , your father have equal share in property
2) amicable settlement is best option
best solution is always a settlement
it cannot be denied that after demise of your GF, his daughters as his legal heirs are also equally entitled to your GF's property alongwith your father
since there NOCs of your aunts [which i presume are sworn affidavits], your father can use them in his defense to say that his sisters had released their share in the property
even if there is no wrongdoing by your father, it cannot be denied that your aunts are also legal heirs of your GF and thus entitled to their share in the property. So it is always best and advisable to amicably settle family disputes
your father may forego some and your aunts may forego some
After obtaining succession certificate, we had a friendly discussion in which only the shop should be given to father and all other properties should be in the name/transfer to grandmother. Which all of them agreed. My father made all the necessary documents of the shop including NOCs and all where present in the court to sign it and they did. They have read the NOCs before a lawyer and agreed and signed it before the judge. Before the last hearing in court, Due to sudden change of decision from GM and aunts, they filed a case against my father for wrong doing. As they didnot want the shop to be given to my father. From the last 3 hearings they are not present and they didnt gave any proof for the wrong doing. What will bebthe best way to approach this. As this shop is our only source of income. Please note my father aggread as mentioned on 1st paragraph. Even after having amicable hey did this. What will be the best possible way to go ahead in this matter. Can the shop be transferred to my father? What is the best solution for this and rest of properties.
Asked 5 years ago
See since they have filed case the burden of proof is on them, they by free will has submitted NOC and you can contend same in the reply. You can furnish the copy of the NOC in the reply.
Once the NOC is signed it would be binding on the parties
court can pass orders on basis of settlement arrived at between parties
1. The property has been inherited by all the legal heirs of your deceased father.
2. For getting the title of the shop on which all the legal heirs equal right, they shall have to register a relinquishment deed in connection with the said shop in your favour.
3. Amicable settlement of the dispute by paying them some amount will be the best course of practical action under the given circumstances.
If all have relinquished their rights then you can transfer the same in your fathers name and register the same before school but registrar office
If they are not willing to forego their share in the property left behind by your grandfather then they cannot be forced by court or anyone to part with their legitimate share in the proeprty in favor of anyone..
If they filed the case and do not appear before court for further proceedings then the court may dismiss the case for default.
1. They have an equal share in the property unless they have executed release deed in favour of your father.
2. In so far as the suit filed by them against your father is concerned, if they as plaintiffs do not appear in the court either personally or through lawyer then court can dismiss the suit in default for want of prosecution.
3. Shop cannot be transferred to your father unless other heirs agree.
The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
the share in the property will be distributed as per the NOC signed by both parties .
1. Best solution for this situation is go for a compromise talks with your grandmother and aunts.
2. Or you can go distribution of properties in equal shares among all legal heirs of your grandfather.
3. If they doesnt appear before court or fails to prove any foul play by your father the property(shop) rights will transfer on name of your father.
If they are not attending court, press the court to proceed case on merit. Your father can claim shop on the basis of oral partition.
This is my response to you:
1. Since your grandfather died intestate, all the legal heirs have a title to the share;
2. In your case, you will have to amicably settle the dispute;
3. You can try mediation process and try for out of court settlement;
4. The litigation dispute can take years if the parties remain unresolved;
5. The best way out is to settle it mutually among all parties and enter into a settlement deed;
6. Consult a local lawyer and take steps.
