Out of the 2 Brother's & 2 Sister's in a family ! 1 Brother and 1 Sister are receiving a gift from their aged mother who has decided to gift her sole ownership flat to, 2 of her 4 children, as per a mutually agreed terms . Now for enabling the transfer through regd. gift deed, the Society is asking for an NOC from the brother and sister who are left out, Giving their consent for this gift transfer. How should I draft this letter ? Please help
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Mother is absolute owner of the flat
2) she is free to gift the flat to only 2 children
3) gift deed should be duly stamped and registered
4) NOC from other 2 children is not necessary
5) if society refuses to transfer complain ti day registrar of cooperative society
The mother is free to execute a gift deed of her self acquired and separate property. Why is the society asking for the NOC from the other siblings? The other siblings have no right, title or interest in the property which their mother intends to gift to her two children. Be that as it may, if you need to draft a NOC then engage a lawyer for this purpose.
If the property belonged to your mother and she is an absolute owner having marketable title to the property, the society has no rights to insist on NOC from her other children who have not been included in this transfer.
The transfer is perfectly valid as per law and transfer of properties act hence the society's insistence on NOC is to be condemned by giving a strongly worded legal notice demanding the provisions of law under which it is insisting on the NOC from other children when an absolute owner desires and decided to transfer her property to one or two particular children.
The society should concentrate on the bye laws meant for transfer and it cannot make any bye law on its own on such subjects which is contrary to law.
However for format you may engage the services of a local lawyer to draft NOC accordingly.
