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 2 years ago 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.