Clarification on transfer of property to nominee of deceased father
02-Jan-2023 (In Property Law)
Myself A D, has some query regarding a property of my wife. This is a flat which was in my father in law,s name. He passed away last month & this flat was nominated in my wife’s name; with the NOC of all the other daughters. This NOC is notarised by all daughters, without any supporting of their address (adhar card & Pan card no). Now this property is going for redevelopment in a month’s time. The society has asked for a fresh NOC from all the other daughters, the new agreement will be with new area. Now these sisters have refused to come to Mumbai to give a fresh NOC . I need to know wheather the transfer of the said property can be done attaching the old NOC which they gave 4 years back.
Dear Client,
If they are not able to come to Mumbai you along with your wife travel to their place-Discuss and resolve the issue.
If FIL expired last month, then how was NOC taken before 4 years? Was the copy of NOC submitted to Society in past?
If this is ownership flat of FIL, their should have been gift deed or you will have to apply for succession/heir-ship certificate from Court.
Their are few queries and proper advice cant be given at this stage. Kindly have a consultation booked with any of the empaneled Advocates of lawRato to discuss along with supporting documents.
Expert Jurist LLP
If they are not able to come to Mumbai you along with your wife travel to their place-Discuss and resolve the issue.
If FIL expired last month, then how was NOC taken before 4 years? Was the copy of NOC submitted to Society in past?
If this is ownership flat of FIL, their should have been gift deed or you will have to apply for succession/heir-ship certificate from Court.
Their are few queries and proper advice cant be given at this stage. Kindly have a consultation booked with any of the empaneled Advocates of lawRato to discuss along with supporting documents.
Expert Jurist LLP
If the Society is not accepting the old NOC from the member of the society, the member of the society should file a complaint to the Registrar of Maharashtra societies act. Ask the client to show the documents to me.
Dear Client, transfer of property must be by a registered deed, hence a notarised NOC will not hold good. it is suggested that a registered relinquishment deed/release deed be prepared and registered. If the sisters are not willing to come to mumbai, obtain their registered Power of attorney from their respective places and on the basis of Power of attorney register the Relinqusihment deed/Release Deed.
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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