cpc

selling of flat in co ho .so.


In 1971  my father purchased a flat in co op ho so and within six month he died. The society transferred the flat from my father's  name to my mother's  name.  When my father died I had two married sisters .Last 40 years the flat is in my mother's name . At present her name is on share certificate and all correspondence of co ho so. is in her name as member.

When my father died  my two sister were already married.  

Now mother is at 90 and she wants to transfer the the flat in my name. She has given me power of attorney and nomination is given in my name since I  have looked after her for last 40 years.

Is it necessary to obtain NOC from my sisters for transferring the flat in my name. I will be gratful if any body guide in the matter

 

Ramchandra Dusane

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

Question: Do you need NOC of yr sisters??

 

ANSWER: YES: If your father died intestate/ Your mother is only nominee; not the owner of the Flat. 

                  NO: : If trf to yr mother thru Gift/ WILL/ Sale deed by yr father 

 
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I am greatful to you Advocate Shroff Saheb. Sir I have spent enormous amount on rent and development funds on the flat. Likewise my mother undergo six major operations  I have spent large amount on her .  While granting my sisters 25% share the court will consider this aspect or otherwise .The law has granted 25% share in property shall I insist my sister to look after my mother since she is in 90 and required 24 attendence and I have to spend Rs.800/- per day My sisters are retired from service and free from family resposibilities . Can my mother insist my sisters to look after her.

 

ramchandra dusane

 
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