• Change of ownership of property

I have an elder brother and an elder sister. My father expired earlier this year and had a small shop in his name that was put out on rent. Now all children would like to have the shop to be in my mothers name. 

How can this be done ?
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

You abd your siblings can execute gift deed or relinquishment deed to transfer or relinquish your share in property in name of mother

2) it should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hi , all the legal heirs ( you and elder bother/ sister ) can execute a gift deed in favour of your mother ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

mere NOC is not sufficient

Gift deed or relinquishment deed has to executed by the children

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Three of you could gift your share each to your mother. This way the whole of the shop goes to her and she may get her name mutated.

Second option is to execute a relinquishments deed.

Deed of gift is the most suitable option for you.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Mere noc doesn't relinquish share of all joint title holders in the property.

So if all the legal heirs wish to make any of you the sole owner of the property making a registered deed of gift or deed of release is only option.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

All the other legal heirs of your deceased father may jointly execute a registered release deed relinquishing your rights in favor of your mother in respect of this shop property.

Then your mother will become sole owner of this property.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The current counsel has asked the three of us (children) to only prepare one NOC for each of us declaring that we dont have any objection. If we go for an NOC and not for a gift deed, could there be some complications in future ?

The NOC is not valid and not a proper document to transfer the property to your mother's name.

You all can jointly execute a registered release deed relinquishing your rights in favor your mother.

Gift deed will not be applicable to this situation.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Giving NOC at this stage ill suffice your purpose without any legal complications in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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