Diff between inherited and aquired property
Mrunmai Deshpande
(Querist) 19 January 2017
This query is : Resolved
We are 4 brothers. After the death of my father his flat was transferred to our mother's name for which no objection letters were given by us all 4 brothers for this transfer.This flat was purchased by my father from his own earnings. I have 2 queries.
1. Do we brothers still have any wright over this flat?
2. If my mother wants to sell this flat, is it necessary for my mother to take NOC from us?
Please advise !
Rajendra K Goyal
(Expert) 19 January 2017
You asked:
1. Do we brothers still have any wright over this flat?.
Reply:
You have given NOC and the flat was transferred in the name of your mother, you have no claim.
You asked:
2. If my mother wants to sell this flat, is it necessary for my mother to take NOC from us?
Reply:
Your mother is owner of the property and she can sell / gift / mortgage / bequeath a will for her property.
Kumar Doab
(Expert) 19 January 2017
Agreed with expert Mr. Rajendra K Goyal.
NOC is in practice.
One point that has occurred is that NOC may not be equal to relinquishment.
It is with limited understanding.
Guest
(Expert) 19 January 2017
Once transferred formally by a valid transfer deed, neither you brothers can assert any right during her life time, nor your mother needs any NOC from you while disposing off the flat in any way she likes.
Kumar Doab
(Expert) 19 January 2017
One point that has occurred is that NOC may not necessarily be equal to transfer deed.
It is with limited understanding.
The LCI experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta have been posting in such matters and especially society flats with deep insights.
You can request them for their opinion.
Guest
(Expert) 19 January 2017
Dear Mrunmai Deshpande,
The recommendation of Mr. Kumar Doab for special request to Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta is not understood, when they are also on the experts panel of LCI!
However, I request them please feel free to post their observations on this query also, as like their replies on others queries.
That may also help me to enhance my knowledge to understand where I am wrong, if that be, in my opinion.
I don't think they have been banned on this site to post their opinion, like all others.
Guest
(Expert) 14 March 2017
Mr. Doab,
I wonder, your expectations on deep insights of the LCI experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta, are yet to get matured even after elapse of a month.
