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NOC from other children as father gift flat to only 1 of the children
23-Feb-2023 (In Property Law)
my father have two daughter and two sons including me. he want to gift me the flat by gift deed . if there is need to permission or noc of my sisters and brother . i already consult with one of my lawyer he said that the first owner can gift 100% shares to any one . there is no need to noc of other child.
If the premises is owned by your Father alone then he can give it to you through his will. There is no need to consult any of your sibling. No need of NOC nor even necessary to inform them about any such document is made by him. It is father's discretion to whom he wants to give his property after his death.
But that will would be tested by court for getting the probate. That time your siblings can contest it in the court. You'll need to prove the genuineness of the document so I suggest you to get the will registered.
But that will would be tested by court for getting the probate. That time your siblings can contest it in the court. You'll need to prove the genuineness of the document so I suggest you to get the will registered.
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Adv. Siddhesh Tiwrekar
Mumbai | 25+ Answers
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Can a father sell his property to his son?
He can dispose of the property during his life and even after he dies according to his will and sweet wishes. The father can sell the property he has acquired from his father to any of his sons without obtaining consent from anyone, including his other children.
Can father claim his son property?
The rule states that parents dont have full authority over the property of their children. In the event of an untimely death and in the absence of a valid will, parents may claim their right to the property of their children. 07-Jan-2023
Which is better will or gift deed?
A Will is generally used to transfer property upon death, whereas a Gift Deed can be used for transfers made during life. Tax-wise, the Gift Deed offers the best value. 25-May-2023
How can I transfer property from son to father in India?
You can gift immovable property by drafting a deed, having it attested by 2 witnesses and registering it with the registrar. The Registration Act of 1908 stipulates that the transfer of immoveable properties must be registered. 24-Aug-2023
Dear Client,
Question: my father have two daughter and two sons including me. he want to gift me the flat by gift deed . if there is need to permission or noc of my sisters and brother . i already consult with one of my lawyer he said that the first owner can gift 100% shares to any one . there is no need to noc of other child.
ANS- Your advocate is correct, provided the property is self earned.
Expert Jurist LLP
Question: my father have two daughter and two sons including me. he want to gift me the flat by gift deed . if there is need to permission or noc of my sisters and brother . i already consult with one of my lawyer he said that the first owner can gift 100% shares to any one . there is no need to noc of other child.
ANS- Your advocate is correct, provided the property is self earned.
Expert Jurist LLP
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Adv. JV Bhosale
Mumbai | 400+ Answers
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