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whether noc fm sister is reqd in case of property gifted by dad to son
20-Oct-2023 (In Property Law)
SIR, I M PURCHASING A FLAT. AGREEMENT ALREADY DONE. FOR HOME LOAN , BANK INSIST FOR NOC FROM THE SISTER OF SELLER. SELLER SAYS THAT FLAT IS GIFTED (REGISTERED) BY HIS FATHER WHEN FATHER WAS ALIVE TO HIM IN 2011, SO NO NEED OF NOC, BANK DENYING THE LOAN. IF V PROCURE LOAN FM OTHER BANK, WHETHER HIS SISTER CAN APPROACH THE COURT OF LAW FOR THE CLAIM? WHETHER I WILL BE ALSO A PARTY ? WHETHER THE FLAT WILL BE IN DISPUTE? WHETHER COURT CAN SEIZE THE FLAT? WHETHER COURT CAN GIVE STAY ON FLAT ?
Did you check the previous title deeds of the flat which you have entered in to an agreement for purchasing? If the flat is not the self acquired property of the seller's father then he may not be in position to gift it to the seller unilaterally. And if that is the fact, without NOC OF THE SISTER of seller, buying a flat will be troublesome for You.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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