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Does mother need to take NOC from one son to transfer property
24-Sep-2023 (In Family Law)
mother wants to gift one of the son (out of 2 son) share of her property .... is she required NOC of another son .... building cooperative society is refusing to register the transfer stating NOC of 1st son is require pls advise
Dear sir/madam,
You can make Gift Deed for your share in your property to one of the Son. You need not require the NOC from other son. But you need to pay 3% stamp duty and registration charges for registration of Gift Deed with SRO. Other way to transfer share to your son is by executing Will in favor of one of the Son without giving share to another son. After demise of mother, the one of the son in whose favor Will was executed become owner of share of property after getting succession certificate from Court. For more information please call us.
You can make Gift Deed for your share in your property to one of the Son. You need not require the NOC from other son. But you need to pay 3% stamp duty and registration charges for registration of Gift Deed with SRO. Other way to transfer share to your son is by executing Will in favor of one of the Son without giving share to another son. After demise of mother, the one of the son in whose favor Will was executed become owner of share of property after getting succession certificate from Court. For more information please call us.
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Adv. Dube Brahmanand Jairam
Mumbai | 25+ Answers
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How do you transfer property after death of mother?
For a legal heir, a relinquishment document is needed to transfer permanent property rights to another legal inheritor. This is a document that must be signed by at least two witnesses and executed on stamp paper. Sub-registrars can also request indemnity bonds from other legal heirs. 7 Sept 2023
Which is better Gift Deed or will?
Tax-wise, a gift deed is usually more advantageous than a will. In India, gifts made between individuals are not taxed. Wills can be subject to stamp duty and registration charges. Gift Deeds are therefore more appealing as they avoid paying extra taxes. 26 May 2023
Can a gifted property be sold immediately?
Yes, the property that is the subject of a gift deed can be sold. However, it must be registered according to the laws and without any conditions. The gift deed should be registered in the name of the recipient because it has the same value as a sale.
Can a mother gift her property to son?
Transfer of Property Act requires a Gift Deed, and a Transfer deed to be registered at the Registrar. A Gift deed must be used for the transfer of property without payment. However, Stamp Duty is required as per State provisions. 30 Jan 2022
As per your query
If the property is her self acquired property she can very well gift it to anyone she desrves.. otherwise also if she wish to gift her share she does not need to obtain permission or NOC from her other son...
If the property is her self acquired property she can very well gift it to anyone she desrves.. otherwise also if she wish to gift her share she does not need to obtain permission or NOC from her other son...
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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You have an option to register a release deed on behalf of the other son stating that he is ready to release his share. But it’s not compulsory. No NOC required from the other son. Society cannot stop you once the registrar of assurances has registered your gift deed.
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Adv. Menaz Maqbul Shaikh
Mumbai | 100+ Answers
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No not at all require . if society. Demand. Then need to send a legL notice to ask provision.
In short mother. Can transfer her own. Property as per her desire.
Only advice mentioned. The reason that why she don't. Want to give the share to another. Son .
So matter will get more clarity
In short mother. Can transfer her own. Property as per her desire.
Only advice mentioned. The reason that why she don't. Want to give the share to another. Son .
So matter will get more clarity
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Adv. Rajesh Ganpat Bane
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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