Hi, my name is Amit and from Marathi, Hindu family. My dad wish to gift 50% share of his house to me. Its a MHADA house at Mumbai. My father bought the house with his hard earning 20 years back and today he is 65 years old. House was transfered by first owner on my dad and mom's name in 2010 via legal documents through MHADA. My mom passed away in 2012 and after that my dad took a NOC from me and my sister and transfered the mom's 50% share on his name.
In 2014 my sister (married) sent a letter to the society that she should be informed if my dad is willing to sell or transfer the house and that's the reason society is refusing to provide NOC letter for the gift deed to my dad. My sister claims that she has a equal share in the house. Kindly advice on this.
A.self purchased property till the purchaser is alive, he has the right to deal with the property
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Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client self purchased property till the purchaser is alive, he has the right to deal with the property as he likes but if he dies intestate then the property shall be divided in equal share between the legal heirs.kindly file writ petition into high court.
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Rajender Prasad
Responded 5 years ago
A.THIS IS NOT THE VALID REASON FOR NOT ALLOWING THE GIFT DEED . yOU CAN LODGE A COMPLAINT TO REGISTRAR'S OFFICE CHALLENGING THE AFORESAID REASON . FOR DETAILS KINDLY CONTACT AN ADVOCATE THROUGH VIDHIKARYA.COM
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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Society not providing NOC for a gift deed
EWS Certificate
