Noc idemnity bond Noc idemnity bond

7 months ago

My father died inestate, without a will, our Kandivali west, mumbai flat is a residential flat in a CHS, in this flat's agreement (done with builder), my mom & dad are joint owners, now on death of father, I & my brother gave noc to make our mom owner, we met a lawyer & he prepared noc docs of all 3 of us with indemnity bond but our society rejected it saying that since I & my brother are above 18 yrs of age, we need to make a release deed, bro is an OCI, no aadhar card, can he do release deed?

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
Society is absolutely right in its stand in asking for a Deed of Release or Relinquishment from the adult family members for the transfer of ownership of the property in the name of the Co-owner on the demise of another Co-owner for a jointly owned property. Aadhaar Card enrollment is presently available to residents in India. An OCI Cardholder who stays in India for a long time (over 182 days in twelve months immediately preceding the date of application for enrolment) and has an Indian address can also enroll for an Aadhaar Card in India. So, your brother being an OCI can enroll his name for Aadhar if he meets the above conditions. A Deed of Release or Relinquishment executed by both of you in favour of your mother. co-owner of the flat is required to be registered under the Registration Act by the Registrar or Sub-Registrar concerned. You can approach an authorized Deed Writer of the Registration office to make out a Deed of Release on the stamp paper of appropriate value based on the required documents of property available to you and get it registered by the Registering Authority and get the ownership of the flat in your mother's name following the procedure of the Society.
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Anik

Responded 7 months ago

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A.Dear client,
Yes. He can execute a Release document of his known and unknown, present and future, to his brother. He can ask his brother to prepare the document at India, in the effective Stamp paper and send it over to you. You get 2 witnesses and sign before a Notary.
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