Property transfer and ownership
Hi. Ms. A is the sole owner of a two flats in Borivali, Mumbai which she got from her husband post her husband's death. The no objection certificate was signed by her two son's Mr.B , elder one and Mr. C younger one. However, due to Mr. B's criminal records, Miss A disowed him in 2004 by providing a notice is the newspaper that she and her younger son Mr.C has no relation of any nature with Mr. B. Now, Miss A wants to transfer the flats in the name of Mr. C. Is it possible to get it transferred in Mr.C's name without any objection from Mr. B.
Asked in Property Law from Mumbai, Maharashtra
There is no document as ''No Objection Certificate' whereby and whereunder legal rights in a property can be renounced. I suppose proper legal advice was not obtained prior to making the so called ''No Objection Certificate'.
C could have renounced his share in the property only by making a relinquishment deed or a family settlement with his mother having regard to the nature of property. Unless and until he has signed either a relinquishment deed or family settlement he continues to be the owner of 1/3rd share in this property. A ''No Objection Certificate' does not have the effect of ousting his proprietary rights.
Hi, B he can't claim property only when he release his right.