Transfer of rights
Amit roy
(Querist) 14 May 2012
This query is : Resolved
We have a flat at Nalasopara (Maharashtra) in my fathers and her name jointly, my father has passed away. Now my mother want to gift this flat to me after giving some compensation/ money to my younger brother, what document I have to make or what will be the procedure as I have to give the amount to my brother (legal heir of my father myself, my younger brother, my mother)
SAINATH DEVALLA
(Expert) 14 May 2012
Dear Amit,
Whatever your mother or you intend to do with the property,do it officially in order to avoid future complications.Get the gift deed and an NOC from your brother for relinquishing rights over the property for a consideration registered.
ajay sethi
(Expert) 14 May 2012
your mtoher can execute gift deed in your favour . have gift deed duly stamped and registered . your brther can relinquish hsi rights on ssaid flat by signing deed of relinquishment .
if at all any payment has to be made to brother make it only by cheque .
adv. rajeev ( rajoo )
(Expert) 14 May 2012
Everybody I means legal heir of your faher's will have to execute the regd., rights relinquish deed in favour of you.
Amit roy
(Querist) 14 May 2012
The flat now is in both the names my father & my mother jointly, have I to transfer the flat from my father name (as he is pssed away) to my mothers name then go for gift deed or it gets automatically transferred to my mother
Adv.R.P.Chugh
(Expert) 14 May 2012
No you cannot because to the share of your father in the said property - the legal heirs have already become owners. Now first let them relinquish their rights by a registered relinquishment deed in favour of your mother, show the fact of consideration being paid in deed itself. Then mother can execute a gift deed in your favour.
Deepak Nair
(Expert) 14 May 2012
Sufficiently advised by all the experts above. Nothing more to add
ajay sethi
(Expert) 14 May 2012
was any nomination made by father? if so first get flat transferred in name of mother. give NOC for flat transfer in name of mother . then follow procedure suggested to you
Shonee Kapoor
(Expert) 14 May 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Amit roy
(Querist) 17 May 2012
Dear Sir
Now there is new scene, my brother wants more compensation then what he had decided earlier, only then he will sign the NOC, pls advise if I do nothing, (1)can I claim my share in this flat. (2) can my mother sell this flat without my NOC (as we all 3 are the owners legal heirs, but my mother is the joint owner with my father
