• Flat get by gift deed can sell without heirship certificate

My mother has bought flat at Navi Mumbai in 1999. She gifted this flat to my sister in April 2017 by gift deed. My mother is expired on June 2017. My sister sold that flat on July 2017. Can she sold that flat without NOC other legal heirs of mother??
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Hello

The flat was purchased by your mother and it was in her name. She gifted it to her daughter in her lifetime. Your sister has got full rights over the flat as it was gifted to her unconditionally. She doesn't have to seek noc from anyone as she is the sole owner of the flat.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Once gift deed is executed duly stamped and registered your sister would be absolute owner of the flat

2) she does not need consent of any legal heirs of mother to sell the flat

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Yes, she was free to sell this property without taking NOC from other legal heirs.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes after the gift deed she is the absolute owner of the flat and she can sell it on her wish No NOC is required from other legal heirs.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The property was self acquired by your mother and therefore she could give it to anyone of her choice. If the gift deed is made properly and registered then you cannot challenge it since it is made as per the wishes of the person making it.In such a situation the sale of the property by your sister is valid and she can sold it to any one with out NOC from other legal heirs of deceased mother

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

1. if your mother is the sole owner of the flat then he could rightfully transfer the flat in the name of anyone she chooses.

2 So once she gifted the flat in the name of her daughter, your sister became the exclusive owner of it and again she can transfer it to anyone she chooses.

3. So while transferring the flat to a third party she does not require any consent a tall of anyone including yours. So forget this issue. You have no control over this flat.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Your late mother had registered the gift deed when she was alive in favouir of your sister.

2. So, your sister was the bonafide title holder of the said property gifted to her by your late mother.

3. She has all the legal rights to deal with her said property including registering a sale deed in favour of a third party for which she need not take any NOC from the legal heirs of her l;ate mother since the said property, at the time of selling, stood in her name and not in the name of her late mother.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Yes your sister can sell the flat without NOC of legal heirs

2. As flat was gifted to your sister under a gift deed, she became the absolute owner of the flat and can deal with it in any manner she deems fit

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly you need to make sure that the Gift Deed was valid;

2. If the Gift Deed was not registered then it has no value in the eyes of law;

3. Also, a newly acquired property cannot be sold for one year (as per society bye-laws);

4. Therefore you can challenge the Gift Deed;

5. The society can also reject the sale of the flat;

6. If the Gift Deed is not valid you can claim a share in the flat.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes, by virtue of Gift Deed, she is absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the property was transferred to her name by a registered deed, then she becomes the absolute owner of the property with clear marketable title.

Therefore she need not obtain permission or consent or NOC from other legal heirs for selling her own property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

When there already exists a gift deed there is no requirement of any noc from other legal heirs. If not is still required then there will never be a real owner to such property.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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