You don’t need NoC from other owners if property is partitioned
In case the co-owners refuse to give an NoC, you may approach a civil court for partition of the property
I have a joint family property in which I own one part. I want to redo the building structure on my part and want to fully demolish the original structure before doing so. Do I have to take a no-objection certification (NoC) from other owners before I get the structure demolished? What should I do if they refuse to give me an NoC?
—Sagar
Based on the limited details provided by you, if the joint family property was divided by metes and bounds (dividing the land in terms of the interest of the co-owners by fixing the boundaries) between the co-owners and does not affect the portion of the property of the other owners, then there is no requirement to obtain an NoC from the other owners.
However, if the said property is not divided, all co-owners would be considered as co-owners having undivided rights, title and interests, in which case a no objection from the other co-owners would be required.
In case the co-owners refuse to give you an NoC, you may approach a civil court for partition of the property, pursuant to which you can deal with your divided and partitioned portion of the property.
My father and his brother got my grandfather’s property partitioned equally between them (being the only two sons of my grandfather), several years after my grandfather died. However, at the time of partition, my father didn’t inform me about it and gave a power of attorney to my sister to act on his behalf. Now my father says that he has become the sole owner of the partitioned property and is asking me to settle with a very small amount. What can I do to get my rightful share?
—Name withheld on request
With the very limited facts, we assume that the property which your grandfather owned was his self-acquired property and not his ancestral property. The property which was then partitioned or divided between your father and his brother became the absolute property of your father and his brother, respectively.
In such a scenario, where the property is not ancestral in nature and the absolute property of your father, it can be transferred in any manner as your father deems fit either during his lifetime or through a will.
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First Published:27 Oct 2020, 10:28 PM IST
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