Sir,my father recently died. he is having a property (by own income) of bihar housing board which was alloted in 1980 but not register yet by housing board .before my father died,he gift this property to his second wife son(holding that propertry rightnow) which register as a gift in kolcutta in 1996,whereas first wife(not divorce & not lived in that house yet) is still live with his doughter(married).now when son goes to housing board they said bring NOC from other family members or get order from court. plz help me to tranfer this property by my name.
Asked 2 years ago in Property Law from Gaya, Bihar
Your question is not very clear. First tell me
1. which son visited the H. Board?
2. Where the property is located?
3. If the property is in Gaya, how can it be registered in Kolkata?
4. Who is occupying the property at present?
property cannot be transferred in your name . your father has during his lifetime made a gift deed in favour of his son from second wife .
you will have to challenge the gift deed made by your father in 1996
1.i m the son from his second wife
3.that for saving money people used to register in kolkata
4.rightnow i m occupying the property
Asked 2 years ago
registration of gift deed has to be made within jurisdiction of Sub registrar office where property is located .
Since your father gifted to you the property during his life time you may apply for registration thereof to the sub registrar. If sub registrar refuses the registration of property in your favour then you may move to court.
1. How did your father gift this property to you when he was not an Absolute Owner since the property was not registered in favour of your father by the BIhar Housing Board at the first instance.?
2. How can the Sub-Registrar allow execution of Gift Deed in favour of some body when the executor is not the absolute owner?.