Gift of property
SAA_Bombay
(Querist) 25 June 2012
This query is : Resolved
Dear Experts,
One of member in our society is asking us to transfer flat in his name. he has produce a gift deed from his mother. I need your advice on below.
1. Originally flat was in name of his father who is no more. After that it is said that his mother is owner of flat. He argues that flat automatically gets transfer in name of spouse on death of a married person. His mother has not asked society to transfer flat in her name after dead of his husband. Is this true, can she gift flat in absence of this formalities with Society, becoz yet in records of society flat is in name of his husband.
2. We asked a NOC from her other sons & daughters. But her this son, argues that there is no need of same. She is owner of flat & she can gift it to anyone or any son she likes. What if any other son or daughter claims on this flat in future?
3. Suppose now she ask society to transfer flat in her name as her husband is no more, can society ask NOC from other son & daughters? Does nominee of the flat has any value in this case?
4. Her this son is forcing us to transfer the flat in his name immediately. He is not allowing us to discuss the matter to his other brothers & sisters. What can we do? We have neither meet his mother who has given a gift deed. She is not able to read English. She does not stay in our society.
5. What all documents we need in case of transfer of property as gift?
Please guide us on any other points/requirements; you know which is not mentioned by me.
Raj Kumar Makkad
(Expert) 25 June 2012
1. The claim of the widow and her son is false and illegal. If the owner of the flat died intestate, the property shall devolve in equal share in favour of all of his legal heirs means widow, sons, daughters, legal heirs of predeceased son or daughter etc. in equal share and not entirely in favour of widow as falsely claimed. The widow can make gift of her share only and not of entire flat because she is owner only to the extent of a very lesser share.
2. Much has already been replied. Refer to the reply put above. All other sons and daughters of the deceased owner have equal rights as of their mother and mother cannot make any gift on their behalf without any registered Power of Attorney granted by them. This is an open fraud with the society as well as with other legal heirs of the deceased person.
3. Yes. Widow is an owner of a very lesser part of the property after demise of her husband so society shall have to seek NOC of all other legal heirs of the deceased person.
4. You are not bound to become party to this fradulant act being played on your part. If in future any criminal case is filed by other legal heirs of deceased, you all office bearers should become ready to go to jail along-with such fraud personality which is forcing all of you to do what he likes.
5. There is no matter of gift here in view of detailed reply given above.
SAA_Bombay
(Querist) 25 June 2012
Dear Raj Sir,
The very first line of your reply has shocked me. We were in view that the person claiming the transfer is right & only documents has to be done properly. But, your answer has open my eye widely. Thanks a lot for sparing your valuable time & acknowledging us. Thanks a lot sir, we are surely not going to become part of this fradulant.
SAA_Bombay
(Querist) 25 June 2012
Dear Raj Sir,
Your answer has open my eyes widely, as we were of view that only docs has to be maintained properly. but here your information has put light to a big fraud. Thanks a lot sir. Thank you very much........
Shonee Kapoor
(Expert) 26 June 2012
I completely agree with the detailed reply provided by Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
