Joint property

sameer (Querist) 03 October 2016 This query is : Resolved
1.Flat is in father and mother joint name. There are three childrens to them all are married . They also have minor childs. After father death. Three children wants a flat is in mothers name. Is NOC required from all three Childrens sufficient for that or NOC of their spouse and minor childrens also required for the same.

2. Can one children relinquish his right in the fathers property at his will ? In that case any one consent required for his relinquishment of right?

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Devajyoti Barman (Expert) 03 October 2016
1. Noc is not required from grand children as the same is self acquired proeprty of father. The three children require to execute gift deed to make their sole owner of the property.
2. Relinquishment depends on respective consent of the children. Any of three or all of them agree to refuse to relinquish their shares.

Guest (Expert) 03 October 2016
Not required.

Rajendra K Goyal (Expert) 03 October 2016
Class I legal heirs (children of deceased) can give NOC in favor of their mother. No NOC from grand children or spouse of children required.

or All legal heirs can enter into a registered family settlement deed.

Children can relinquish their right.

Kumar Doab (Expert) 03 October 2016
It is believed that deceased father was Hindu and property is self acquired.

The ClassI legal heirs ( three children of deceased father) can sign NOC/relinquishment deed/gift deed.......for their respective share in favor of their mother.

The charges for such deed amongst blood relation may be negligible in your state.

Check with SRO and local counsel.

kavksatyanarayana (Expert) 03 October 2016
Agreed with experts.

Ms.Usha Kapoor (Expert) 04 October 2016
AGREE WITH EXPERTS.

P. Venu (Expert) 04 October 2016
Mere NOC may be sufficient for getting admitted as a member of the Society. However, a registered relinquishment deed alone confers the title of the property in favour of the mother.