• Want to sale my flat

My grandfather purchase a land in the year 1964. after that my father & other 5 of my uncle & aunties(total  6) made there own flat on that land. there are six nos. flat. one flat each of them. in the year 1984 my father & other uncle & aunties made a oral part ion to distinguish there respective flats.The corporation mutation has been done & tax bills are in the there respective names. On the basis of oral partition deed my father gifted his flat to my sister. that deed is been registered. Now my sister want to sale her flat. 

My question is on the basis of above mentioned documents can my sister sale her flat or every other co share should sign to sale the flat. The sanctioned plan is also there.
Asked 6 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) it would have been advisable to reduce terms of partition in writing have it stamped and registered

2) since only oral partition has been done any purchaser of your sister flat would require consent of other co shares .

3) he would not part with his hard earned money merely on basis that father executed gift deed in favour of your sister 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
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since the GIFT made by your father in favour of your sister is a registered document, no other document would be required by your sister in order to sell the property currently owned by her.
You also state that the corporation mutation has also been done in her name and taxes have been paid upto date as well.
The consent nor the signatures of other co-sharers are not required at the time of sale.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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the  uncle and aunts can be made to sign as confirming parties in the sale deed executed by your sister in favour of purchaser
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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An oral partition, unless reduced to memorandum, is no partition. If your father is deceased then you can file a suit for injunction against your sister to restrain her from selling the flat and also file a suit for partition to cull out your share in the property of your father. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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Hi, Based on the oral partition your father has got the property and it was also mutated in his name so based on that gift deed was executed by your father in favour of your sister so your sister will become the absolute owner of the property so she can sell the property to anybody and consent of others in not required.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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Once a oral partition has taken place within the co sharers and all have acted upon the said partition in a proper manner by getting the properties properly and duly mutated, transferred other records on their individual  names, then the co sharers shall become the absolute owners of their respective share of properties, it is legal and valid in the eyes of law.
Thus there should be no problem at least legally for a owner to sell his/her property to anyone or even transfer the same legally in any manner and to the person of their choice. 
Therefore transfer of this property by your father by a registered gift deed to your sister is absolutely valid and on the basis of this transfer of property in her favor, she becomes an absolute owner of this property whio can proceed with further alienation of the property as per her own will and wish.  She need take anyone's consent or permission or even a no-objection from her siblings to sell her own property.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
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what type of concern ? noc will do?

It is not concern but consent.
In my opinion your sister need not take the consent of other siblings or no-objection from them for selling her own property.  If this is required then there is no meaning of a registered gift deed in her favor.  Dont get confused with legal jargons or by listening to plenty of opinions, you can decide the legal action with your prudence after analysing the opinions rendered by various lawyers here.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
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1. Title of property is decided based on registered title deeds and not on oral declaration,

2. For executing and registering the gift deed for transferring his flat, you father shall have to have a title deed evidencing that he said flat stands in his name,

3. Your father and all uncles & Unties shall have to register a settlement/partition deed wherein it should be mentioned that the individual shares have already been mutually partitioned/settled which is being registered now,

4. Even then conservative buyers may hesitate to buy the flat from your sister since the gift deed in favour of your sister was registered before your father had registered the said flat in his name,

5. The ideal course of action is that your father and Uncles & Unties first should register a partition deed after which your father should register the gift deed in favour of your sister

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. For partition of property, a partition deed is required to be executed and registered as per the Act to give the individuals ownership of their shares of the flats,

2. Only NOC will not help in the instant case,

3. Act as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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