• Multiple legal heirs and the validity of their claims

My parents died three years apart 15 years ago without making a will.
My brother, sister and I were married and had children while our parents were alive. Owing to marital discord I have been living in the house that was built by our father but registered in our mother's name in 1977.I have been a dependent on my parents,later my sister for my son's and my expenses.My husband was unwilling to divorce me for certain reasons and we have been living apart for the last 25 years or so.I wish to clarify a few doubts regarding my entitlement to a share in my parents' properties- a house, a plot in town and farm lands in a village.
1) After the death of my mother in 1998 my sister and I signed NOCs separately for the issuance of legal heir certificate in our brother's name besides consenting to the transfer of title in municipal records,electricity connection,gas connection and land patta in his favour and the revenue taxes etc. have been paid by me and my sister in turns as we both resided in the same house.My only source of income was the rent from tenanted floor of the house.
      I wish to know if my right to an equal share has been extinguished since I was a signatory to the NOCs and also due to the passage of so many years.
2)As matters have come to a pass with my brother wishing to take over the house besides keeping the plot and lands to himself, I wish to know if I am entitled to claim my share in all the properties besides the house and if so how to proceed further?
3) My husband is incorrigible and I have neither the resolve nor the means or support to apply for a divorce unilaterally, hence I request you to advise me as to future course of action as I have to look after my son who is too ill and underqualified to apply for a job.
         Thank you Sirs for patiently reading my plea and offering guidance.
Asked 5 months ago in Property Law from Tirupati, Andhra Pradesh
Religion: Hindu
1)you have given your consent for issue of legal heir certificate in brother name ,for  mutation of land and patta in brother name 

2) you would not be entitled to claim any share in land and house 

3) if you file suit for partition in your name your brother would rely upon your consent given by you for issue of legal heir certificate in his name and for issue of patta in his name 

Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
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On your father demise intestate you had one third share in the house 

2) if you and your sister have relinquished your interest in the house yiur brother as absolute owner can carry on construction , lease or sell the house 

3) he can transfer house in favour of wife and children 

4) law grants married daughters equal share in the self acquired property of their patents 


5) if you get an injunction restraining brother from selling house appeal can be filed before HC 

6) grandson has no share in grand father self acquired property during their parents lifetime 

7) deed of relinquishment has to be duly stamped and regd . Mere NOC on pain paper may not suffice 
Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
 I wish to know if my right to an equal share has been extinguished since I was a signatory to the NOCs and also due to the passage of so many years.

Mere execution of an unregistered NOC will not disentitle you from claiming a share in the property that belonged to your mother who died intestate.
You can claim a legitimate share in the property rightfully even at this stage by an amicable partition if all others agree or you can file a partition suit and seek separate possession of your share in the property.







)As matters have come to a pass with my brother wishing to take over the house besides keeping the plot and lands to himself, I wish to know if I am entitled to claim my share in all the properties besides the house and if so how to proceed further?

You have rights and interest in all the properties that were left behind by your parents who died intestate.
Your brother is also entitled to an equal share in all such properties
So all the legal heirs can decide about amicable partition or seek the help of court to solve the issue. 









My husband is incorrigible and I have neither the resolve nor the means or support to apply for a divorce unilaterally, hence I request you to advise me as to future course of action as I have to look after my son who is too ill and underqualified to apply for a job.

You can apply for divorce on the grounds of desertion and cruelty and also can seek maintenance or alimony from him for your sustenance. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1)As my brother has been the assessee in case of the house, plot and farm lands does the law empower him to undertake a construction, to lease or sell an asset either partly or whole without the consent of my sister and myself?

There is no law that can permit him to do so by him arbitrarily without taking yor consent or permission.  If he does so, you may file an injunction suit as well as partition suit against him for relief and remedy.









2) Does he have the right to transfer the assets to his wife or children regardless of our consent?

Any such act without giving your due share shall be illegal, invalid and not binding on you.







3)Does the law have provisions that uphold the rights of married daughters for their appropriate share in their parents' properties in the absence of a will inspite of the lapse of time?

For seeking partition there is no time limit, you can seek t at any time or after a lapse of any amount of years.






 
4) If at all the district court rules in my favour can my brother challenge the verdict in a higher court and obtain a stay order?

Even if he does so, he cannot win because the law is very clear and in your favor.








5) What forums or grievance redressal platforms are available to offer counsel, guidance and material support in such case as mine?

No forum, only court of law.






6)As my sister and I signed the NOCs do we no longer be deemed legal heirs as the NOCs made on plain paper do not include relinquishing of rights by either of us?

Your fears are unnecessary. By natural law you both are also legal heirs to your parents, this NOC cannot deny you the rights. 






7)Does my son qualify as a legal heir to his grandparents' property? 

NO






8) Regarding the assets, the house and the site in town was acquired by our father at his own expense where as the farmlands passed on to our mother by virtue of her being a beneficiary of a will made by her maternal aunt

The properties  are your parents absolute properties hence as a legal heir you are entitled to an equal share in the intestate properties. Dont worry about any other aspect. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. The NOC has to be seen to understand its import. If the NOC is to only transfer the name in revenue records and bills such as electricity, telephone and other utility services like ration card then it does not result in transfer of title. 

2. If your parents passed away intestate, coupled with the absence of release of share by you, then you have an equal share in the properties which you can cull out by filing a suit for partition in the civil court of original jurisdiction.

3. You are free to file a case for maintenance for yourself and son against your husband.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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1. Your brother is free to alienate the property to the extent of his share therein. He can also lease out the property but the rents received have to be shared among all the co-owners. You can file a suit for an appropriate relief if he exceeds his legal rights.

2. The marriage of daughters does not have any bearing on their rights to succeed to the property of their parents.

3. During your lifetime your son does not succeed to the property of your father.

Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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