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Elder Brother not giving NOC while making Gift Deed
14-Feb-2025 (In Property Law)
I'm a Hindu. My mother wants to make a gift deed to transfer the property in my name, but my elder brother is not giving a NOC, and wants his name added as joint holder, as he fears that I might get cheated by a third party , as I am unmarried and will be living alone in the future. My question: Is it possible?
If the property stands in the name of your mother alone then you need not seek an NOC from your brother for it. Your mother being the sole owner of the property os free to gift it to anybody. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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If your mother wishes to gift the property to you, no one can restrain her from gifting the same to you. NOC of your elder brother is not required for gifting the property subject to he is not having any direct interests in the property i.e. he has not contributed money in purchasing the said property . If the property is purchased by your mother she has the right to gift it anyone she wishes to gift.
Regards
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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Well, I suppose you have become 18 + now and might have completed 21 years of age too. I think, you are matured enough to take decisions on your own, however, your Brother doubts that, hence, you do not lose your self confidence and rather than being Joint Holder in your Mother's Property, you can think of being its sole owner, if your Brother is already having an other immovable property to reside in his sole name.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes it is possible, your brothers NOC is not required since the property belongs to your mother and your brother has nothing to do with the same. In such a case you can execute the gift deed without having the need to obtain NOc from brother which is not at all required.
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Adv. Kunal Kamath
Mumbai | 50+ Answers
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Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.
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Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
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