1) your paternal aunts have to execute relinquishment deed or gift deed to relinquish their share in property
2) relinquishment deed or gift deed should be duly stamped and registered
NOC from paternal aunts for transfer of my grandfathers property in my name
My grandfather died and left no will. Ultimately his self earned apartment was transfered in grandmothers name by NOC given by Paternal Aunts and my father. However the NOC, no where states Relinquishment of their rights in apartment as legal heirs. My grandmother has gifted this apartment in my name through registered gift deed as i am the sole person to stay with her and take care of her like a guardian. Also my name is successfully added in societys Share Certificate. I now have a doubt that my paternal aunts may claim their parts in said apparment. Please advice so that my apartment gets claim free.
Asked 8 years ago in Property Law
Religion: Hindu
13 Answers
Firstly, after the demise of your grandfather, property will dilute in the name of your father and grandmother.
Secondly, paternal aunt does not have any right in it.
Lastly, she can't claim any share in the said apartment.
Good Luck and God Bless You...!
In order to the relinquish the share in the property, your paternal aunts will have to sign a relinquishment deed or a gift deed in order to relinquish their right on the property, the same shall be registered and stamped.
And if just the NOC was given then they can claim the share, but the case can be defended taking the defense of time and the NOC signed by them.
Regards
Relinquishment deed is necessary or NOC can work? And if NOC or Affidavit is ok then do i need a stamp paper of Rs. 50 or how much or what legal paper? I have 4 paternal Aunt's, do i have to make such papers separately for each of them or single document will be ok? Does registration of such document needs my aunts to be present before registrar to sign or can i get their signs and register it with registrar?
Asked 8 years ago
1) mere NOC or affidavit is not sufficient . it does not amount to relinquishment of share in property
2)single relinquishment deed would suffice
3) presence of 4 aunts would be necessary at the registrar office
Once, they had already given a NOC to your grandmother, and pursuant to that, this entire property was transferred to your grandmother, they cannot at this juncture feign ignorance to the said NOC.
Relinquishment, though not in specific words, the NOC implies the same.
In case, you apprehend that they may at some point of time challenge your tittle, you may call upon them to execute a relinquishment deed, duly executed, registered and stamped.
Legally, NOC or Affidavit is not sufficient, the same is not an alternative to a Relinquishment deed.
All the four aunts can relinquish the share through one deed, presence of all the four aunts will be required at the time of registration of the Relinquishment deed
Regards
Without registered relinquishment deed, no share in the property can transfer, they may claim in future but after longer possession of property via theory of adverse possession, ur right in the property will prevail.
1. You have got the title of the Flat from your grandmother who carried a defective title of the flat and hence passed the defefective title to you.
2. Right, title and interest can not be relinquished by issuing NOC. Your Aunts and father was supposed to register a relinquishment deed relinquishing their right on their father's said flat in favour of their mother being your grandmother herein.
3. Your Aunts and/or their legal heirs can certainly claim share of the said flat standing in your name now on the above ground.
4. To clear the mess, get a deed of declaration registered by all the said legal heirs of the flat being your Aunts and father (if any of them are dead, then by his/her legal heirs), by paying the required stamp duty and registration fee, declaring that they had actually relinquished their rights on the said flat by issuing the NOC
1. No NOC will be required to be issued now.
2. Register the deed of declaration by paying the required stamp duty and registration fee as advised in my earlier post.
3. For registration, all the executants shall have to appear before the Registrar to append their signatures before the Registrar on appropriate documents/Registers.
Hello sir , since your grandmother has specifically transferd her share to you through gift deed , you are the sole owner of the property and no future claims of share can be made by your aunts
In the absence of any registered relinquishment deed in her favour, your grandmother did not acquire marketable title to the entire property that she transferred to you vide the present gift deed, hence the gift deed can be challenged by your paternal aunts and they can claim their legitimate share and separate possession in the property that belonged to their father.
NOC cannot be considered as relinquishment.
You may ask them to execute a registered ratification deed to ratify this registered gift deed in your favour by relinquishing their rights.
Your father can also join them to sign the deed jointly with them if he is living, if not then your father's other legal heirs have to execute a separate registered ratification deed in your favour.
Consult a local lawyer on further details.
NOC by your aunts I'd not legally valid or enforceable.
They have to execute a registered ratification deed to express their relinquishment