I am the eldest sister and my father died during my childhood . I lost one of my brother and I still have one younger brother(married and have two grown up children) , a younger sister (married and have two grownup children) and my mother (who never liked me , loved me due to her own personal choices) but we are not on talking terms from last many years. My mother never supported me from my childhood. I am married and have the eldest children in the family who are into their thirties and all of them are married.
Recently my younger brother approached my father in law to get a No Objection Certificate from me . He gave a reason that a builder will construct a floor and will install the lift for which he requires a copy of adhaar card and two passport size photographs from me. I am really sceptical about it . I respect my father in law and thinking all this as weired I have for now given soft no stating that I have misplaced my aadhar card. But what if he comes back again and ask for another document . He said he is going to take a help of a builder who will construct a floor but will provide lift and parking facility to him. My biggest worry is that if I share my adhar card aor any other card details upon his asking , Can this revoke my legal right in the property which was built from my father in law's money but in the name of my mother ?
Age : 56
Asked 7 months ago in Property Law from New Delhi, Delhi
1) merely sharing your aadhar card will not dis-entitle you to share in property
2) however if you execute NOC and relinquish your rights in the property by regd relinquishment deed you cannot claim any share in property later
It seems your brother is trying to file your NOC where you would mention no objection on anything to be done in relation to your fathers property meaning you are actually giving off your share/ownership rights in the property.
It is suggested not to give any NOC or photographs or Aadhar card to your brother for any such joint development with the builder. Without your consent your brother cannot pursue with the said development by the builder, you being one of the owners.
It is further suggested that in case you need share in the said property ( as per your notes as your mother and siblings dont like you) you should file a suit for partition and possession in the said property and also obtain a stay on such construction or sale being planned bu your brother.
For further clarifications please feel free to call for free guidance on the subject.
Best of Luck.. stay blessed.
1. If your father died without any Will and the proeprty he left was nhis self acquired proeprty then you have got share in the same.
2. Now if you are not given your due share , you are entitled to enforce the same in court of law by way of filing suit for partition.
3.However mere sharing of Adhar card will not deprive your right for the same. But never , ever sign any document which is of NOC kind of nature. Or take advice of local lawyer before filing any document.
If somebody gets your adhar card or other documents of identity he may forge a NOC with your signature to oust your legal rights. Your family members may forge a release deed with your signature if they get your documents which are to be annexed with the deed.
if there is any apprehension then no need to provide any documents to them.
Feel free to Call
Advocate, New Delhi
Firstly , Thank you so much all of you your guidance is sincerely appreciated .In addition to my previous question , I would like to ask that is there any law which came in 2012 requires the builder to ask for NOC in New Delhi , Because that's what my brother told me as he said he requires an NOC because his builder is asking for it and if he will not provide it then the builder will not construct a parking space and install the lift in the building for him ; in return the builder has also asked for one floor which he will construct with his own cost . Why would I object to a lift and parking space if it doesn't interfere with my legal rights . Is there any way that my brother gets the lift and the parking space constructed in the building without me submitting any Noc because I don't wan't to be hinderance in his way to get a lift and a parking as far as it doessn't interfere with my legal rights .My confusion is that Is it actually required by law that whatever reason builder is giving to obtain an NOC is legal ? And the piece of land which was actually purchased by my mother back in the year 1966 , do I still claim a legal right in the property if she dies as her health is not well ?
Asked 7 months ago
if your mother dies intestate you would be one of legal heirs and have share in property standing in mother name
2) ask brother to forward draft of NOC desired by him
3) get the NOC vetted by local lawyer .
4) in order to avoid legal complications and possibility of you going to court builder would want consent of all legal heirs of mother before he carries on additional construction of a floor
1, Even if law does not mandate the NOC some builders insist it so that they do not get entangled in legal disputes subsequently.
2. Unless your mother has made a bequest of or alienated the land purchased by her you will get a share in it post her lifetime.
Actually your brother need not have sought your NOC for constructing lift or anything if the property belonged to your mother alone
Even if your father in law funded the purchase of this property, it was bought on your mother's name hence she will become the absolute owner of this property and she only has full rights in it.
Therefore she can proceed without taking your consent to even alienate the property.
If you do not want to share your aadhar card details, there is no compulsion on you, you cannot be forced to divulge the details.
You can remain silent about this demand.
If your mother passes away without writing any will then you shall be entitled to a legitimate share in the property that belonged to your mother who died intestate.