• Property transfer

My grandmother is the owner of residential property in punjab which is bought by my grandfather (initial owner). After death of my grandfather there are his four legal heirs i.e my father, grandmother, father’s younger brother and sister. My father, his sister and brother gave the NOC in favor of grandmother to transfer the property. In this way my grandmother becomes the owner of the residential property which is initaly ownership by my grandfather.  Now my grandmother wants to write a register will in favor of her only one grandson leaving with her. She doesn’t want to give the same property to other grandsons and daughters. My questions are following.
1.	Is it possible she can transfer the ownership to his grandson on the basis of registered will?
2.	Is anyone from other grandsons and daughter can object?
3.	Is anyone of her sons, daughter can object?
Asked 1 year ago in Property Law from mohali, Punjab
Religion: Hindu
1. By mere NOC the share of your father and his siblings does not relinquish so as to make your grand mother absolute owner.
2. Only by way of registered deed of gift or relinquishment one's share in the property can be given to another.
3. If by this method your grand mother became its owner then you can not restrain her from transferring the property to anyone she chooses.
4. However the NOC was a mere paper writing then you r your father file a suit for partition to claim your respective share.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
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1) on grandfather demise your father had one fourth share in property 

2) if father had given NOC for transfer of property in grand mother name by relinquishment deed your grandmother would be absolute owner of property 

3) she can execute will if she so desires in favour of grandson 

4) other sons , daughters and grandsons cannot object for execution of will 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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Hi, as she is the absolute owner of the property she can dispose of the property by way of will.

2. Other have no right to object  the will but after her death legal heirs may challenge the will as it was executed by fraud or undue influence or she has not having sound mind to dispose of the property by way of will. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
What type of NOC given to grandmother by father, his sister and brother ?
Check the title deed of the property is in your grandmother .

If it is through a relinquishment deed ,your grandmother is the absolute owner of the property and she can transfer her share to any one as per her wish by creating a will or registered deed .In such cases other persons have no legal right to claim on that property.Their objections are not sustainable in the eye of law.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. NOC from other heirs does not transfer the property except if it was preceded by a relinquishment deed made by them in her favour. 

2. If the property has been transferred to her in accordance with the manner as above then she is at liberty to will the property to anyone she desires. Unless any of the other sons, daughters or grandsons can prove the property as ancestral the transfer made by her cannot be impeached in the court.

3. If there is proof of the property being ancestral then a stay on the transfer can also be sought.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
The self acquired property of your grandfather originally devolved on his legal heirs upon his intestate death.
At that time, your father, paternal uncle and aunt jointly executed a registered release deed in favor of your grandmother. 
Accordingly your grandmother has become the absolute owner of the property with full rights to dispose the same in any manner she desires. 
Now to your questions:
1.	Is it possible she can transfer the ownership to his grandson on the basis of registered will?
Yes, she can very well bequeath the entire property in favor of her favorite grandson.  No law can forbid her from doing so.

2.	Is anyone from other grandsons and daughter can object?
Nobody can raise any objection to this. 



3.	Is anyone of her sons, daughter can object?
Nobody means, her children or grandchildren.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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1) Deed of relinquishment should have been executed by all legal heirs duly stamped and registered 

2) mere affidavit is not sufficient 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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A notarised affidavit or document in respect of transfer of immovable property is not legally admissible documentary for evidence.  
The deed should be a registered document so that it cannot be disputed at a later stage.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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yes. Unless and until it is proved the document is created by fraud
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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An affidavit has no legal character. A relinquishment deed is required.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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