• NRI married sister NOC is mandatory?

Respected sir,
Recently my father died.His legal hairs are- my mother,myself and my two married sister.my father having one district wise small news paper.he is owner of that news paper.problem is that before died he didnt make any registered will.Now if i want to change the father name in Registration number Licence given by RNI ( Govt of India ) that time they need NOC in favor of my name from all other legal hires. My mother and other younger married sister is ready to give me NOC, but my elder married NRI sister ( from August,2000 on words residing out of India ) is not agree to give me NOC. Even she didnt want any share or profit from my father business,as per family quarling with me she didnt like me. For this reason she is not agree to give me NOC or take share or profit.i know she will not give me in future.
Sir give me advice what should i do in this situation? .
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) you would need her NOC for changing the licence in your name

2) if your sister is not ready to give NOC apply for transfer of licence in your name and that of your elder sister . take NOC from mother and younger sister

3) in the alternative transfer licence in mother name with NOC from you and your 2 sisters

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Immediately file an application before the District court and claim for a succession certificate and declare yourself as the sole Legal Heir of your father for his properties, your another relatives shall be opposite parties/defendants in that case, if she will not appear before the court then the court have power to pass an ex-party order against her and you can get legal heir certificate and based on that certificate you can do whatever you want.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) your elder sister is an indian citizen and you should not have problem in transferring licence in 2 names

2)in the alternative sell the newspaper and divide sale proceeds equally among the legal heirs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

IMMEDIATELY FILE A CIVIL SUIT FOR LEGAL HEIR CERTIFICATE AND MAKE HER A PARTY WITH ANOTHER FAMILY MEMBERS WHEN SHE WILL NOT APPEAR BEFORE THE COURT THEN GET AN EX-PARTY ORDER FROM THE COURT AND DO ALL ACTS AS YOU WANTED TO DO OTHERWISE THERE IS NO OTHER LEGAL OPTION YOU HAVE.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Even she didnt want any share or profit from my father business,as per family quarling with me she didnt like me. For this reason she is not agree to give me NOC or take share or profit.i know she will not give me in future.

Sir give me advice what should i do in this situation? .

In this situation you cannot compel or force her to give NOC to you.

You can issue a legal notice to her explaining the prevailing situation and asking her yo agree for mutual partition or sharing of the business on the mutually agreed terms which can be drawn in a meeting on the date and time specified or fixed mutually.

If she is not responding or not willing for this mutual agreement then you dont have a choice than to approach court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Sir already i took NOC from my mother and another younger sister.Is it possible to change name in license for supporting 2 legal hairs ( mother and sister) out of 3 ( mother,younger sister and elder sister ) ?.where my elder sister is NRI more than 15 years.

Ignoring another legal heir who has a right in the father's business as a successor in interest, shall be unlawful and any decision taken without her consent or including her shall be invalid and not maintainable in law, especially if she approaches a court of law against this grievance or fraud then you will be liable to answer in court of law for this.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Since your other sister has refused to give the NOC to you the only remedy you may now adopt is to file a civil suit for mandatory injunction to direct RNI to change the name in the license.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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