• Property distribution without will

My father died suddenly without any will. My father and mother had joint property in huda. But now after his demise my mother wants to transfer this property to my younger brother. But the huda authorities are saying for this either we need death certificate of our grand mother in case of death and if she is alive then NOC from her. Now the problem is that we dont have any connection with them in fact we dont want to see their faces. Because of them my lovely father suffered a lot and ultimately died due to heart attract. My grand father didnt give even single rupee to my father. All property my father made of his own. We want peace thats why we dont talk with the. Now we dont have any connection with them. 
Now please tell is there any way by which we can transfer this property to my brother without any involvement of my grand mother. There must be some trick.please help.
Asked 1 year ago in Property Law from Kurukshetra, Haryana
Religion: Hindu
1) you need your grand mother consent 

2) on demise of your father intestate she has one eight share in the property 

3) HUDA will not transfer property in your brother name without NOC of your grand mother 

4) she should execute gift deed or relinquishment deed for her share in property 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) your grandmother is one of the legal heirs 

2)if you don't talk to her and obtain her NOC mutation of property would not be done by HUDA 

3) there are no short cuts 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. After the demise of your father, intestate, his mother being your grandmother also becomes one of the legal heirs of your father along with his wife and children whether you like it or not,

2. So, for transferring the 50% share of your father in the said joint property in favour of your younger brother, NOC of all other legal heirs including that of your grandmother are required to be submitted  before the HUDA authorities,

3. If you can not collect he said NOC from your grandmother wait till her demise intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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1. Law is required to be abided by,

2. If you can not collect the NOC from her wait till her demise intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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Law cannot be bent for anyone's convenience.  Law is common for all and nobody is above law. The legal heirs of your deceasedfagther are his children, wife and  mother as per Hindu Succession Act.  This law cannot be changed just because you dont like your grandmother or are not in talking terms with them.  You cannot avail both the benefits at a time, you  have to lose one thing to achieve the other.  The choice is yours to leave which benefit in support of  the other benefit, decide. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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But we dont talk with them. In that case how can I get the NOC from her. My mother doesn't want to talk to them as because of them my father died, Isn't there any other byepass. You dont know sir how cruel these people are.

Your Sentimental feelings can be understood but it will not help you to tide over the legal issue.  Whether you like it or not, you have to step down and seek your grandmother's consent to give nOC in favor of your brother for the property to get transferred o his name legally or else you will be the sufferer. Tomorrow upon your grandmother's death the other legal heirs of hers will stake claim for her share,then it will be difficult to handle the situation and be at peaceful enjoyment of the property left behind by your deceased father. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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1. Your mother can transfer only her share to your younger brother. The share of your father has devolved on his widow and all children equally. 

2. To get the death certificate of your grand mother you do not have to see their faces. You can obtain the certified copy of the certificate from the registrar of births and deaths. If she is alive then the consent of your grandmother is inevitably required for your mother to be able to transfer the property according to her wish.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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