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MIf its from your grandfather then your brother (you included) already has a share in it and not just your dad’s siblings, their children also have a right in the property. NOCs can and in most litigation are challenged in courts and its a losing battle. Its better to get all the family members to the registrars office and just get the property registered in your brothers name to avoid any scope for future issues. If the property is in your dad’s name already as a result of the NOC then you and your brother have equal right to it.
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NYes my father already got 4 portions in his name done at the registrar’s office
And my brother got one portion from an aunt directly.
Can my brother still claim share in what my father owns now? (My father doesn’t want to give it to him)
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MIf he doesn’t want then ask him transfer it to you now by gift deed or ask him to make a will which specifies that property must go to you and get it registered otherwise it can be contested in the future by your brother when your father is not there. Also, it will be a problem regardless if it is a undivided and unspecified property because you can’t do use or sell it as a whole. If possible, pay a challan and get resurvey done and divide the property and specify his part.
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MI am lawyer but I don’t practice in delhi, its better you get in touch with someone there and take all the papers and your father to them. This is me giving you general information as a mere direction.
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I1. This depends on the nature of the property, whether it is ancestral or self-acquired.
2. The aunt can transfer her share to your brother, and your brother can then claim it from your father, provided the aunt does so legally using a valid legal instrument such as a gift deed, relinquishment deed, or a family settlement agreement.
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