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Piyush (article)     24 November 2014

Family property law

Dear Sir,

My dad has a Flat which was transferred in his name by my grandfather 10 years ago. Now, 1 year after my Grandpa's demise, we are planning to sell the Property. My Dad has 2 sisters, they were given some gold and some cash by my grandparents (which are less than the value of the flat).

I wanted to ask if we are selling the property now will it be a problem now related to any partition or will they have any right on the part of the consideration.

Also, will be appreciated if you could tell  me the sections and the act to be referred in this case.

Help will be duly appreciated

Thankyou !



Learning

 4 Replies

reeti shah (lawyer)     24 November 2014

There will be no problem as your grandfather has trasfefferred the right to your father willingly and so your father is the absolute owner of the property. Regards, Adv Reeti Shah reeti@corpusjurislaw.com 9930285557
1 Like

Piyush (article)     26 November 2014

Thankyou very much for your reply Ma'am.

Also, there is one more problem with the property,

The property owned currently by my dad(Flat 1), was previously owned by his sister when we were having it's (Flat 1's) possession. And another Flat(Flat 2) was owned by my dad, but in possession of his sister. Later the Deed of exchange was signed between my dad and his sister for exchange of the said flats, and the names in the share certificates of the society were altered accordingly.

Later, dad's sister sold her flat (now Flat 2) and asked my dad to sign the NOC, which he did.

Now we are planning to sell our flat, do we need something like the NOC to be signed by her? and consent to be taken from her?

Thanking you in advance!

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

Your dad's sister need not have taken NOC from your father to sell her flat though it was legally exchanged between them,but as an abundant caution, she had taken the NOC from your father, however it is not at all required in your father's case.  About your grandfather transferring the property on your father's name, how was the transfer effected, through a registered settlement/gift deed?, if registered, then it is fully valid, in which your father's sisters cannot claim any share out of it legally. Therefore don't worry even if hey file a partition suit, it will not be maintainable.

1 Like

Piyush (article)     01 December 2014

Thank you Sir for your reply.

the case is very complicated after studying the documents we had. Maybe I'll have to consult a lawyer.

Or i ll post again in this forum.

Thanyou every1 :)


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