• 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 3 years ago in Property Law from Mumbai, Maharashtra
replied
Rajeev Bari
Advocate, New Delhi
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Ajay Sethi
Advocate, Mumbai
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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.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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Hi, B he can't claim property only when he release his right.
Pradeep Bharathipura
Advocate, Bangalore
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140 Consultations
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