Legal Question in Civil Rights Law in India

Dear Sir,

The property was purchased on self earned money by X during 1963, two grounds and 294sq.ft.

In 1975 the land measuring 2520 sq.ft was sold by X to Z.

X Constructed a house measuring 600 sqft with his own funds.

In 2003 X (Settlor) executed a settlement deed subject to the life enjoyment right of the settlor to his wife -B- out of natural love and affection and there after to his sons and daughter in the year 2003.

In the year 2005 the settlement deed was revoked by X citing that all the sons and daughters except the eldest son, declined to look after him, the settler has revoked the deed. The revocation deed passed on all the property to the eldest son.

The settlor expired in the year 2006 April.

A flat was constructed in the land and we four members bought the four flat. The loan was sanctioned by the bank and registered. We took possession of the same in the month of Aug 2006. In the month of Sep 2006, we received legal claim from the other children. The case started from 2006 and went into fast track court in 2011. Since no plantiff presented for the hearing, the fast track court dismissed the case in Jan 2015 as uncontested.

Now we want to sell the flat, we got a buyer, but the bank officials are demanding NOC from other children.

Request to kindly guide us on this


Asked on 7/06/16, 12:00 am

1 Answer from Attorneys

1) The property was 294 sq.ft. Land measuring 2520 sq.ft (?) was sold by X to Z.

2) Settlement Deed unless conditional is not valid. This has to be examined.

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Answered on 7/06/16, 12:22 am


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