Legal Question in Real Estate Law in India

no objection sign

My grand father has 4 sons . among them my father is the 3rd son.my grandfather and my grand mother both are died. And my grand father has 50�X 50�=2500 feet s old house as it is a old house (100 yrs)there is no registration papers .during the distribution in 1997 they divided it into 4 equal parts . My father part(.i.e. my part) is in between my 2nd uncle and 4th uncle.now I want to sale my part becoz of my sister marriage and my 4th uncle creating a problem by saying that he will not sign the registration paper (no objection sign as he is a neighbour ) if I sold my part to others. And he is not ready to take my part on market rate ,he is offering 45% of the market rate.whereas my 2nd uncle gave me the permission for selling my part.Is my 4th uncle sign is compulsory as a no objection .plz give me any alternative for it .plz help me.


Asked on 2/09/09, 12:02 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: no objection sign

You may go ahead with your proposed sale. You may not require any permission from your uncle.

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Answered on 2/09/09, 2:36 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: no objection sign

If there is a clear division on site and in the records, then no objection of your uncle is not required.

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Answered on 2/09/09, 11:37 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: no objection sign

so far the partition of house was not done legally and was done as per family settlement. you may file a suit for partition and array all your uncles as party to the suit. in that, u may pray the court to partition the house by metes and bound. once it is ordered, u may sell your share of the house and no one can create any problem and you dont have to seek any NOC from your uncle.

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Answered on 2/09/09, 11:53 pm


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