1) If property is still undivided than each owners NOC is important for redevelopment.
2). Why don't you ask this all of permission to be taken by builder?
3) You can make redevelopment according to owner shares who are ready for redevelopment.
Inherited property settlement
I had a question on inherited property settlement. In my father's family they had 3 brothers & 4 sisters. All sisters were married and they have their respective children. Other than 3 brothers & 4 sisters there is 1 cousin brother. Now after death of my grandfather and grandfather's brother this property has been inherited by brothers & sisters. One one hand 50% of the property is to be divided between 7 siblings (3 brothers & 4 sisters) and on one hand 50 % is owned by cousin brother. At this point of time out of 3 brothers none of them are alive we family members of respective brothers family have inherited it. Also cousin brother is alive. Out of 4 sisters 2 sisters are alive. Now brothers want to redevelop the property and thus to acquire the share of sisters brothers are making the payment for the same as per the relevant rates. Sisters family members have not been denied their share of property. However 2 sisters family are not agreeing to it and they are demanding for more payment for the transfer of share of property. Can brothers appeal to court seeking a deemed noc from sisters for redevelopment as their demands are unreasonable and it is unnecessarily prolonging the entire process? What are remedies available? Also what if cousin brother who owns 50% doesn't agree for redevelopment?
Asked 3 years ago in Property Law
Religion: Hindu
12 Answers
If even one of the cosharers do not agree for mutual solution then you cannot proceed with the proposed redevelopment process.
Only if all the shareholders including the legal heirs of the deceased shareholders agree and amicably sort out the issues, even court cannot interfere in it to direct the unwilling shareholders to go for compromise settlement.
In this situation, the next option before you is to file a suit for partition and claim your share in the property with separate possession.
You need all legal heirs consent to redevelop the property
2) you cannot force sisters to give NOC merely because they want better price for their share
3) if cousin brother does not agree for redevelopment then partition the property . Enter into deed of family settlement for division of property .it should be duly stamped and registered
Settlement of property dispute among legal heirs is matter to be negotiated by legal heirs. Court will not interfere in such matter. Not all daughter are entitled to share in ancestral property under the amendment of 2005 to Hindu Succession Act. Only daughter married after certain date can claim share in the ancestral property. Such date varies from State to State. It is around mid nineties in most of the States. With regard to sisters reluctance, you can file a suit for declaration of brothers as legal heirs if they are married after cut off date. So far cousin is concerned, you can only convince him to agree otherwise file a suit for partition of property and proceed with redevelopment of your share.
The shares of all the heirs need to be taken still if they deny then other legal heirs need to approach court of seeking permission to proceed for redevelopment
a co-owner cannot compel other co-owners for redevelopment
in case there is a disagreement among the co-owners for redeveloping the property then a suit has to be filed
also the brothers cannot force or foist any amount on the sisters to release their shares
there has to be an agreement mutually
if the sisters are not agreeable for the money being paid to them then the brothers have no business to force them to accept that amount
no court proceeding for the above will also help
you will have to look at the bigger picture
on one had you will have to consider the profits that can be earned if the property is redeveloped and on the other hand you will have to take a call in respect of the extra money demanded by the sisters to release their share
if the extra money is paid to the sisters then that loss can be offset against the redevelopment profits
so please take a practical call
no point entering into a dispute with the non-consenting sisters
first of all do a feasibility report for your property through a competent architect to know its redevelopment potential and how much profits it is likely to generate and then enter into negotiations with your sister
it would be prudent to forego a small portion of your profits by paying more to the sisters than what you have offered
so in such cases what is important is to have a pragmatic approach and coercive tactics or litigation will not serve the purpose
have a business mind !
Thanks for the answer. I very much agree that we cannot force anyone to sell their share in property but what if same is done with a malafide intention? Even if we agree by way of separate agreement to share some portion of profits after redevelopment even then they would not agree as they want it to be done in advance.
Asked 3 years ago
Whatever may the intention, if cousin insists on having his way, you need to go for suit for partition contested or by consent. After partition you can deal with your share property in any manner you want. For sisters, check marriage dates, if such dates are known, precise advise can be given.
1) no payment is made in advance . it is only on receipt of sale consideration that payment is made
file suit for partition for division of property by metes and bounds
In that situation it is advisable that you reduce the agreement to writing and get the deed of agreement registered.
If in case there's a violation of conditions of agreement you can approach court for legal remedy as per law
whether the refusal is with a malafide intent or not, is immaterial, since what is relevant for now, is the fact that the sisters are not willing to release their share
if you can get a developer who is ready to deal with you and other consenting parties then you can always proceed
the developer will have to settle the sister then
Yes
Dear client a property specially ancestral property gets divided equally among all the heir of the family. if someone really goes their right then the share of that person gets divided among other siblings and heir full stop after that if someone wants to sell that property they may do that as per regular sale deed.
