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 4 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.
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.
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 .
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.
Repeated query. Already replied.
To add to the above things...the property was bought by Ms. A and her husband in the joint name. However, due to his sudden death no will was made. Please advice.
Asked 4 years ago
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