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NOC not given by one brother rest have given can brother ask share
04-Feb-2023 (In Property Law)
There is property in my mother's name and i am the nominee. I have NOC's from everyone in family but one of my brother is not wiling to give NOC. What can be done in this situation? Can brother make claim in that property?
First of all i would like to clear that the Ownership of Flat and Membership in the Society are 2 different things. The nomination (as per assumption) would just be for transfer of membership in the Society(where the flat lies) in your name and NOT the Ownership of Flat. The Ownership of the flat will be held by all the Legal Heirs, Jointly, even after the NOC is given to you. However, they can execute a Release Deed in your favour if they're not interested in the Property. Therefore even if your brother gives you NOC it will only serve the Purpose of your name being recorded in Society's Register of Members and therefore he will have a valid claim in the Property. KINDLY NOTE - this is not a legal advice and just a reply to your query. Apart from that this reply is given against the content of the query and therefore the answer could be better if further information is provided.
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Adv. Chintan Thakker
Mumbai | 25+ Answers
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