Legal Question in Real Estate Law in India

I have a joint property with my mother . I also have 2 elder brothers . Will the property automatically become mine after my mothers death? Also , do I need a NOC or POA from my brothers for its sale even if my mother has made a WILL in my favor ? Are there any other LEGAL issues to this ?


Asked on 9/20/10, 12:01 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

joint property means equal owner unless share defined otherwise. So, during life time, you and mother jointly can sell. After mother's death, on the basis of her WILL, you will get NOC from your brothers with respect to WILL and the property can be transferred in your name. If they refuse to give NOC, you will have to get the WILL probate in your favour from the court. Then you get the transfer in your favour.

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Answered on 9/23/10, 7:07 pm


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