Apni Law Staff asked 11 months ago
My parents bought a small house under the SRA scheme in 1978. After my mother went back to her village, my father bought a share in the house for my uncle, her brother. We later received a flat under the same SRA scheme. My father sadly passed away in 1981, and we received the flat in 1983. All the original documents are in my mother’s name, and she has lived there for 30 years. A cooperative society has recently been formed, and they’re planning to issue share certificates. My mother asked her brother for an NOC, but he’s not responding or refusing. What should we do in this situation?
Best Answer
Apni Law Staff answered 11 months ago
As the original house documents are in your mother’s name and she has resided there for 30 years, she has a strong claim to the property. Your uncle’s refusal to provide an NOC could be considered obstruction. You should consult a lawyer to understand your legal options, which might include filing a suit for declaration of ownership and/or seeking an injunction to prevent the cooperative society from issuing shares without your mother’s consent.
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