Whether NOC from other siblings required in case of Gift Deed

Question

Whether NOC from other siblings required in case of Gift Deed

19-Jan-2023 (In Documentation Law)

My father wants to transfer his own flat to me.,in case of gift deed wether noc require from society and other siblings.my society is asking me 25000.for gift deed Transfer fee.

Answers (3)

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Advocate Roopa Daxini LawRato · Accepted Answer · 2018-01-21T22:58:51+05:30

Answer #1

In law the noc for siblings is required when if property is gifted to u by parents and also from society As per law when the property is sold or gifted and need to registered u have obtained noc from society and if society by law says the membership fee is required to be taken from new holder of flat the it is to be paid or else no

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Advocate Madhavi Khare LawRato · Accepted Answer · 2018-01-22T15:14:39+05:30

Answer #2

Hello , Bin response to your question , first it is important to know how did the property de love ...Upon you . 8s it an ancestral property or is it self earned . How many legal heirs are there To the said property and there intrest in the same property . After the details are given then the proper advice can be given . Thank-you .

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LawRato LawRato · Accepted Answer · 2018-01-30T20:32:03+05:30

There are two things NOC from your siblings and NOC from the society. Siblings: If your father's flat is self acquired then no NOC from your siblings is necessary. However, if the flat is ancestral or your father got it from his father or his mother etc. then your siblings have right in the flat. Now in this case your father can transfer his share in the flat to you for which no NOC of siblings would be necessary. However, if it is your father's desire that the flat should be completely under your ownership and title then NOC will be required of siblings plus release deed of your siblings of their respective share in your favour is needed. As for society: Only after complete transfer issue of membership comes. Before executing transaction you can intimate the society by letter, however society's NOC is not needed. Rs. 25,000/- is maximum fees societies can ask as transfer fee.