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
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 3 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