Transfer of flat to nominee in chs

Querist : Anonymous (Querist) 01 January 2018 This query is : Open
Myself Abhishek Dubey, has some query regarding a property of my wife. This is a flat which was in my father in law,s name. He passed away last month & this flat was nominated in my wife’s name; with the NOC of all the other daughters. This NOC is notarised by all daughters, without any supporting of their address (adhar card & Pan card no). Now this property is going for redevelopment in a month’s time. The society has asked for a fresh NOC from all the other daughters, the new agreement will be with new area. Now these sisters have refused to come to Mumbai to give a fresh NOC .
I need to know wheather the transfer of the said property can be done attaching the old NOC which they gave 4 years back.

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Ms.Usha Kapoor (Expert) 02 January 2018
NOC has no value in case of immovable property in the face of Registered Relinquishment deed. Or take a gift deed from you r 4 sisters and register it.

Regarding movable property, possession with you will be enough for you but you can make a writing by all your sisters about relinquishment of their rights over those movable property.

In case of immovable property, no NOC will be entertained neither is valid in the eye of law. Even your sisters give you NOC then also in future they can claim their respective share either by partition suit or Deed.

ADVICE
It is the best and golden opportunity to make Deed of Gift from your sisters and transfer all their shares in your favour. The Deed of Gift must be registered. This will help you not only to be the sole owner of the entire properties but also makes you safe from future litigation and legal complications.

P. Venu (Expert) 02 January 2018
What do you mean by "new area"?

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