Legal Question in Real Estate Law in India

Hi,

My father owned a house in Ajmer. He expired 10 years ago without any will,

My mother is also npt alive now.

We are 2 brothers and 1 married sister, My elder brother is in Ajmer (residing in the same house)

where as I reside in Chennai.

Now my brother wants to transfer the house in his name and has asked us for NOC with a promise to

pay the property partition amount post transfer after putting the same to mortgage.

Now my quastions are -

1. What is this NOC and if i Sign this, Am I going to loose my rights on the property

2. What safeguards I can have to get my property partition money in coming days

3. Is it necessary for all the heirs to present together while signing the NOC or that can happen one-by-one over a pereiod of time..

Please help ??


Asked on 2/02/11, 11:11 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. What is this NOC and if i Sign this, Am I going to loose my rights on the property

You have equal share in the house along with your brother and married sister after the death of your parents. Once you sign NOC, yes, you will loose your right in the property.

2. What safeguards I can have to get my property partition money in coming days.

If the whole idea is to take loan, brother may take the amount as loan which he intends paying you.

3. Is it necessary for all the heirs to present together while signing the NOC or that can happen one-by-one over a pereiod of time..

It may happen over a period of time.

Read more
Answered on 2/03/11, 5:10 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India