Gift deed from father to son

Nitin (Querist) 25 July 2018 This query is : Resolved
Respected Sir/Madam,
My Father owns a Mhada flat which he wants to transfer in my name. I have a few questions like, though we have completed 5 years & the Society is registered still-
1) Do me & my father need to go to Mhada for father-son verification ? (like father willingly wants to gift & not forced.)
2) Do I need to take NOC's from my 2 elder brothers

Kindly advise.

Tjhanks and Regards,

Nitin

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kavksatyanarayana (Expert) 25 July 2018
if the property is self acquired property of your father, then he may execute a Gift deed in favour of you and NOC is not neccessary. if it is ancestral all legal heirs have equal rights.

Hemant Agarwal (Expert) 26 July 2018
1. Proper permission has to be taken from MHADA Estate authority to affect ANY transfer from the original allottee even to his Son via a Gift Deed. No premium of MHADA is payable for transfer between Father-Son.

2. Since MHADA was constituted only in 1977, MHADA property CANNOT be ancestral and hence NOC from Brothers /Sisters /Anybody is NOT mandatorily required for making Gift Deed, subject to NOC from MHADA.

Keep Smiling .... Hemant Agarwal

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