Your brother can transfer his undivided share in property to you by gift deed
2) gift deed should be duly stamped and registered
3) sister consent is not necessary for brother to transfer his undivided share
Family transfer case issue
We have a land in HUDA/HSVP sector in which my wife, my younger brother and our mother are joint owners. (Share is not specified in conveyance deed) Our mother passed away 10 years back, without a will. Now, my younger brother wants to transfer his share to me, but 1 out of our 3 sisters won't sign NOC(She is legal heir in our mother's share). What options do I have so that my brother can transfer just his share to me via transfer deed in blood relation without NOC from 1 sister.
Asked 16 days ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
No transferring only your share will not require noc from sister
✅ Yes, your brother can transfer his undivided share to you through a registered gift deed or release deed — even without NOC from the sister, because he is not transferring your mother’s share.
However, since the property is jointly owned without defined shares, it remains undivided, which may cause issues in mutation or use unless partitioned.
Your options:
-
Proceed with transfer of brother’s share (no NOC needed for his portion).
-
Later, you may file a partition suit or apply for family settlement to define individual shares, especially to deal with your mother’s 1/3rd portion (which will be shared equally among all legal heirs, including the unwilling sister).
Hello sir. The issue in this that in order to execute gift/ transfer deed even of undivided share of my brother, I need to obtain prior transfer permission from HUDA/HSVP. Huda/hsvp requires NOC from other joint owners in order to issue Transfer permission. I don't have NOC from 1 of the legal heir in my mother's share. I.e..my sister. Now how do I proceed to execute gift deed in tehsil without prior transfer permission from HUDA Gift deed will not be valid in HUDA/HSVP because I didn't take permission.
Asked 16 days ago
Inform HUDA that is well settled law that for transfer of undivided share NOC is not required of other co owners
enclose written legal opinion of lawyer in this regard
Your brother being one of the joint owner as well as one of the legal heirs of your deceased mother, he can very well transfer his share in the property to your name by executing a registered gift deed and also execute a registered relinquishment deed to transfer his share out of your deceased mother's share in the property in your favour.
There's no necessity for you or your brother to obtain NOC from your sister for transferring his unidentified share in your favour by the above mode.
There's no necessity to obtain permission from HUDA for this kind of transfer especially if this is a freehold property.
You can very well get it transferred directly because you will be able to enjoy your share of property only if a proper partition is effected by a registered deed.
If they still insist then you can take appropriate legal proceedings in this regard.
A suit for declaration, partition, and permanent injunction is advisable if:
-
The non-cooperative sister remains unwilling to provide an NOC or relinquish her share after reasonable negotiation attempts.
-
HUDA/HSVP explicitly denies transfer permission due to the missing NOC and offers no alternative procedure.
You need to seek courts assistance in the same
Dear Sir,
The present matter is to be dealt with intelligent drafitng when you proceed to Tehsil for tansfer/relinqushment deed. Get the same done and then you may get it done through HUDA also.
- As per law, after demise of your mother intestate , her share would be devolved upon her husband and children equally.
- Hence, the consent of your sister is required to transfer her share in your name
- However, your brother can transfer his own share plus share in the mothers to you after executing a registered gift deed and no NOC is required from other joint owner
- Gift deed in blood relation require nominal stamp duty.
- Since, your sister is not ready to give NOC , then your brother can enter into a partition deed to declare his shares.
- Further, if she is not ready then he can file a Partition suit before the Court.
