• 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
Since the elder son has already signed no objection certificate for transfer of property in the name of his mother; the mother is the absolute owner and hence she can transfer the property to her younger son.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
As the property belongs to A's husband, B and C along with A are equal owners of the property. If B has relinquished his right in the said property in favour of A, A is the owner of that property now and she can gift her property to C without giving A anything.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
yes she can
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
she cannot  transfer flat in name of C . A  is mere trustee for legal heirs . mere furnishing of NOC  does not amount to execution of relinquishment deed by B .
Ajay Sethi
Advocate, Mumbai
26122 Answers
1420 Consultations
5.0 on 5.0
It is presume that the instant fact related to Hindu family and according to Hindu succession if the property of the deceased is self acquired  and died intestate then A B and C are equal share, so A can not deprived the B.In the said property any of them can relinquish his/her share by way of gift.On the other hand if A is absolute owner by virtue of a Gift Deed executed by his husband(since deceased) during his life time then A can transfer her property to C without consent of B.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Repeated query. Already replied.
Ashish Davessar
Advocate, Jaipur
19168 Answers
484 Consultations
5.0 on 5.0
we have already replied to your query in detail . on husband death his 50%share would devolve on his wife and 2 sons . Mrs A is not absolute owner of flat
Ajay Sethi
Advocate, Mumbai
26122 Answers
1420 Consultations
5.0 on 5.0

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