• Selling of deceased father's property

My father had purchased an immovable property (house) in Ranchi, Jharkhand in 1980s. He died a few years back without any will, leaving behind my mother, two married sisters and my two brothers.
Now, we 3 brothers and my mother wants to sell off this property however one of my sisters has refused to sign the NOC for waiving her rights in the said property and wants to have an equal share in the same. My both sisters are well off and have lot of properties both movable and immovable.
In this situation, what options are available to us so that we (my mother and 3 brothers) can dispose of this property even if we don't have the NOC from our sisters.
PS - Purchaser (builder) is ready to buy the property.
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

Since there is no will made by your father and no will also not like to litigate the same in the court of law with no reason.

You are well of with the legality

Everyone holds 1/6th share in the property and thus everyone holds their legal right vested into it if not given No Objection Certificate one cannot waive anyone's right.

Law doesn't recognize waiving of right with no reason,

Yes everyone holds their 1/6th share so u can very well sell 5/6th share to the builder and if builders agrees to face the litigation and everything (what most builders do) you can sell off the property or the house

Once the whole house is sold sister will bring a civil suit against you and builder. Where you will not have any right over the property and builder will have to face the litigation and linger it further to the level of compromise

This is the only method I hope

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

On demise of father you have one sixth share in property

2) your sisters have equal share in property

3) you , your brothers , mother can sell your share in property

Ajay Sethi
Advocate, Mumbai
89079 Answers
6362 Consultations

5.0 on 5.0

As they are legal heirs you need to take NOC from them. The title without NOC will be defective title

Prashant Nayak
Advocate, Mumbai
28100 Answers
93 Consultations

4.4 on 5.0

The sisters have equal right in the property so if she is not waiving her right then there can be partition and the rest of land without her share can be sold. Also you cannot alienate right of your sister on property as she can legally proceed if done so. So better to give her share and sell.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is not the matter of being well of but of relinquishing her right from the property.

The sister have equal right on the property like you all and without her NOC or signature on the sale deed the sale will be invalid and may be challenged.

Please make sure to arrange NOC to go ahead.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Hi Friend,

First we will see Hindu Succession Act.,

Hindu Succession Act

General Rules of Succession - Male Hindu

The property of the male Hindu dying intestate shall devolve in the following manner

Firstly upon all the heirs, being the relatives specified in Class I;

Secondly, if there is no heir of Class I, then upon heirs being the relatives specified in Class II;

Thirdly if there is no heir of any of the the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;

Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)

Now we will see class I heirs shares and who are there in Class I heirs as per Hindu Succession Act

Class Ist Heirs

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

If you check that your sisters do have equal share in the property. Still you want to sell the property and builder is ready to take property its well and good. If he is willing to give you all remuneration at once. Otherwise you both means purchaser and seller will be in trouble.

If you can have family meeting with a siblings and try to talk with your mother, let your mother handle the situation to get NOC for selling the property, you can do here compromise or settlement of NOC otherwise all brothers and sisters have equal rights as per law in the property.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

As per S.6 of the Hindu Succession Amendment Act, 2005, daughters are by birth coparceners and have the same right as that of son. As your father died intestate, as per S.10 of the act, the property devolves on widow and surviving sons and daughters and all are entitled to one equal share. Any deviation from the said provision shall entitle the aggrieved to move the competent court to declare to set aside the disposition.

Purchaser is not aware of this!

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Note that your sister have equal share in property. If they do not give NOC later they can claim share in property again which will put you people in trouble. If purchaser is ready to take risk you can sell off property to him without knowledge of your sisters

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Sister has inherent equal share in the property, without her NOC or release deed, her share in the property cannot be sold otherwise illegal.

U can offer her % of sale value, that only option.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

If the purchaser is ready to buy the property then do not disclose the name of the third sister and sell of the property without her NOC and signature. Contact a local lawyer who will help you in disposing off the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

No, the two sisters too have a share in this property.

This house cannot be sold legally without their NOC.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

This property belonged to your deceased father and upon his intestate death, the properties shall devolve equally on all his legal heirs.

His legal heirs consists of your mother, his children and his mother (if living).

You cannot deprive your sisters of their legitimate rights in the properties that belonged to your deceased father.

They are entitled to an equal share in the property at par with other legal heirs.

Without they relinquishing their rights by executing a registered release deed, their share of property cannot be sold by other legal heirs, it would be an illegal act or a crime in the criminal laws.

Dont ever do that mistake, instead you can talk to them to settle money in lieu of the property and get their rights relinquished by a registered deed amicably.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

1. On the intestate demise of your father his share devolved through succession equally on his widow and all children.

2. Without the consent of your sisters you cannot sell the property and deliver the possession to the prospective buyer unless the property is partitioned. After partition you can sell your respective shares in the property. A suit for partition can be filed by any of the heirs desirous of selling the property.

3. Alternatively, you and your brothers may offer to purchase the share of your sister.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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