1) your claim is barred by limitation

2) suit for recovery of balance amount should have been filed witperiod of 3 years of failure to pay balance amount

1. Has your father registered the sale deed in favour of your Uncle?

2. If yes, then had he mentioned that he has received the entire consideration?

3. If he had mentioned in the registered sale deed that he has received the entire consideration since sale deed with unpaid/part paid consideration can not be registered, then you can not claim the said amount now after so many years.

4. If he has not registered the flat in favour of your Uncle then you can claim its possession and file an eviction suit against your Uncle.

1) refuse to sign and NOC

2) if property is still in your grandfather name file partition suit for division of property by metes and bounds

1. Your first query was that your late father has sold property to his brother but got only 2/3rd of the consideration.

2. Is your uncle now demanding NOC for the same property?

3. Do not issue any NOC to him under any circumstances without seeing the will.

4. If there is a will, he shall have to take probate of he will when you shall be able to contest the said will.

My late father sold his flat to his brother in the year 96/97, he received 2/3rd as payment and the balance has still not been paid. My father passed away this year and I am his sole Heir.

Can you please advice what my legal options are in this matter?

A claim for money cannot be made beyond three years as it is barred by imitation.

However if you have documentary evidences for the unpaid amount which is a part of sale consideration, as a legal heir to your father yo can send a legal demand notice to your uncle instructing him to pay the same at the earliest with time stipulated in it.

If he is acknowledging the same, then your claim will come under limitation after which you can file a money recovery suit also agaisnt him.

Currently they are putting pressure on me to sign an NOC post my fathers demise this year 2016, I have not seen the WILL of my grandparents either and hence do not know what was to come to him legally by way of his inheritance and I am sure my father has been duped of crores of property by my fathers family.

What are my legal options given the current situation?

You can demand the copy of the said will and also can refuse to sign or give NOC if he is not acceding to your request to furnish a copy of the said will.

You can even obtain a stay order restraining him from alienating the properties so that the pressure will be built on him.

1. To get the balance sale consideration a suit for recovery of money has to be filed, but it is time barred now as it has to be filed within 3 years. However, you may file a suit for declaration of the sale deed executed by your father as null and void as sale without consideration is void.

2. You should conduct a title search in the office of sub-registrar to find out the will of your grandparents. If they executed a registered will then a certified copy of it can be obtained from the office of registrar.