1) your mother can sell her undivided share in property to third party without sister consent
2) NOC not necessary
3) signatures are not required
4) advisable to obtain NOC
Selling Of Property Gifted
Hello, My mother was gifted with a 50% of undivided land from her elder Sister. During the process, the 50% of the Undivided land was in the name of my mother's elder sister's son who inherited the property from his mother through a Partition deed. This process was initiated after the death of my mother's elder sister's husband. First, my mother's Elder Sister's son gifted his 50% of the undivided land to his mother and then my mother's elder sister gifted the 50% of the undivided land to my mother. My question are: 1: Does my mother need the signature of the her elder sister and her son during the sale process to a third party? 2: Is a No Objection Certificate signed by mom's elder sister and her son necessary during the sale property? 3: Are the Signatures of my mother's Sister and her son necessary during the sale process as per the law during a sale? 4: Is a No Objection Certificated duly signed sufficient to proceed with the sale? Thank You Sagar
Asked 4 years ago in Property Law
Religion: Hindu
8 Answers
1. If she is legal heir then yes
2 as per 1
3. As per above
4. Yes
1. If the gift by your mother's elder sister's son to his mother and the gift was accepted by your mother's elder sister, similarly if the gift by your mother's elder sister to your mother and the gift was accepted by your mother and both the irrevocable Gift Deeds are registered in the office of the Sub-Registrar, then there's no need for the signatures of your mother's elder sister and her son.
2. No need if the condition mentioned in (1) above is satisfied.
3. There's no need for signatures of your mother's elder sister and her son if condition mentioned in (1) above is satisfied.
4. There's no need for NOC if condition mentioned in (1) above is satisfied.
Dear Client,
1. You mandatorily need to register the gift deed as per section 17 of Registration Act, 1908. No you don't need to take permission of the precious owner as you are owner now.
2. NO no objection certificate is not compulsion in case of gift deed of immovable property and yes without no objection certificate can proceed with the sale.
Thank you.
1. If your mother acquired the property by a registered deed then it becomes her own and absolute property, however since it is still an undivided property it would be advisable to get their consent to avoid future litigation.
2. It would be safety or a precautionary measure however it is not mandatory
3. Not necessary.
4. Yes
1. As 50% of undivided share of the property was gifted to your mother, she became the absolute owner. The signature of her elder sister is not necessary at all.
2. , 3. and 4. Not at all necessary.
1. If the said gift deed is registered from the office of the registrar , then it is a valid document and your mother is owner of the property , hence for selling that property no signature is required from her sister .
2. No
3. Not mandatory
4. Yes.
Dear Sir,
My answers are as follows:
1: Does my mother need the signature of the her elder sister and her son during the sale process to a third party?Ans: Your mother is absolute owner to the extent of 50% of property and not requires the signatures of her sister and sister’s son.
2: Is a No Objection Certificate signed by mom's elder sister and her son necessary during the sale property?
Ans: Not necessary.
3: Are the Signatures of my mother's Sister and her son necessary during the sale process as per the law during a sale?
Ans: Not necessary.
4: Is a No Objection Certificated duly signed sufficient to proceed with the sale?
Ans: Not necessary but find out whether it is feasible to sell 50% of the property.
