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whether NOC is required for gift deed
27-Feb-2023 (In Property Law)
my grandfather had given the property to my dad through gift deed. But society is asking NOC from other uncles and aunts. whether it is important for society to ask NOC so that it can give us the share certificate
If that property is self acquired property of your grandfather.Then there is no need of NOC from other uncle's and aunt's.If society persisting demands again you can send legal notice to society.If they continue again you can file complaint against society in office of Registrar of co operative society.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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Assuming that the society in which the flat in question is situated is governed by the Maharashtra Co-operative Societies Act, 1960 and the Maharashtra Co-operative Societies Rules, 1961.
There is no requirement under the Act and the Rules mentioned above for a donor (the person gifting the property) to obtain a no-objection certificate (NOC) or a confirmation letter of any kind from the society to gift the flat to any person. It is to be noted that as per the recent amendments, even though it is advisable to obtain an NOC from the society, there is no longer a requirement to obtain one even for the sale of a flat.( for registration)
There is no requirement under the Act and the Rules mentioned above for a donor (the person gifting the property) to obtain a no-objection certificate (NOC) or a confirmation letter of any kind from the society to gift the flat to any person. It is to be noted that as per the recent amendments, even though it is advisable to obtain an NOC from the society, there is no longer a requirement to obtain one even for the sale of a flat.( for registration)
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Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
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