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Transfer of Flat No B-09 Vide Gift Deed Registration
3 months ago
Iam 50% owner of flat no B/09 out of which 25% i have transfered to my son Via Gift deed Registration after that we have submitted to society and society Lawyer also verify all documents are ok and society can proceed the name after society ask for NOC of family members so i have submit NOC of my wife and Married Daughter to society.after that Society ask NOC for my bother's 2 son NOC also and they will not give NOC to my family and in Gift deed there is no need for NOC ?So we can proceed our name in Society ?Society committer members totally Harrement to me
A.Dear Client,
The response of the Society prima facie, appears to be arbitrary and unacceptable so far as the provisions of governing law, i.e, The Transfer of Property Act, 1882 are concerned. You being the rightful owner of the flat can transfer a share of that property to your son by way of a registered gift deed that does not require NOC of anybody and is considered the best way to transfer the property in favour of another. The gift is defined under Sec.122 of the T P Act as the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving, So, the stand of the Society asking NOC of your brother's sons is bereft of any merit. In the given situation, you need to bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter failing which you may escalate the matter before the Cooperative Court seeking appropriate relief in the matter.
The response of the Society prima facie, appears to be arbitrary and unacceptable so far as the provisions of governing law, i.e, The Transfer of Property Act, 1882 are concerned. You being the rightful owner of the flat can transfer a share of that property to your son by way of a registered gift deed that does not require NOC of anybody and is considered the best way to transfer the property in favour of another. The gift is defined under Sec.122 of the T P Act as the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving, So, the stand of the Society asking NOC of your brother's sons is bereft of any merit. In the given situation, you need to bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter failing which you may escalate the matter before the Cooperative Court seeking appropriate relief in the matter.
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