N.o.c
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
dear expert
my client husband died and left behind him his wife and his children now wife wants to transfer her husband property which now standing in her late husband name in her name her 3 son those are major ready to give their N.O.C if property will registered in their mother name but my client have one minor daughter also 17 years old now can a minor give their N.O.C in that situation what can i do for my client
Devajyoti Barman
(Expert) 19 December 2011
All of then can gift their share in the property in favour of their mother.
However transfer of minor's property is voidable at the option of the minor and to tackle this situation you need to obtain the necessary permission of the court.
Nadeem Qureshi
(Expert) 19 December 2011
Mr. Burman's view is right, I agree with him
Raj Kumar Makkad
(Expert) 19 December 2011
Gift is very costly. It shall be better to relinquish the share by all major legal heirs in favour of their mother as on today and let the daughter be attained an age of 18 years and on attaining the age of majority, she may also follow the path of her brothers and in this way, mother shall become full owner in possession of the entire property,
If you file a civil suit for permission on the part of minor girl, it shall take more than a year and there is only 1 year elapsed when she shall become major so it is wise to wait till one year more.
Sailesh Kumar Shah
(Expert) 19 December 2011
If your client could wait one year, it would be better. Suppose, if you move the court for permission, there could also at least 6 months to 1 year.
V R SHROFF
(Expert) 19 December 2011
If no nomination, you need court order.
Devajyoti Barman
(Expert) 19 December 2011
Dear Mr Makkad, in most of the States the gift among family members attracts minimal of stamp duty.
In WB it is only 0.5%.
ajay sethi
(Expert) 19 December 2011
agree with experts that it is better that 3 major sons relinquish their share . daughter can do so on her becoming major .
Deepak Nair
(Expert) 19 December 2011
I agree with the views of Mr. Makkad
Shonee Kapoor
(Expert) 20 December 2011
I also endorse the views of Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
