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anand (ABC)     23 May 2012

Transfer of property to adopted daughter

Hi. Had a question regarding transfer of property to adopted daughter. My wife is the only child and her parents expired last year. She was an adopted child from a relative and the adoption took place when she was few months old. We live temporarly abroad. Her parents had a made a registerd will transferring their house in her name. The house is in a co-operative society. We inquired about the transfer to the society and we were told that as per HUF law the property can only be transferred to her if there is a no objection ceritificate from two surviving uncles(father brother) and one cousin who lives in the property.

Getting this NOC would not be easy from the relative as most of them were against this adoption. Is this a valid HUF rule or as per will and being her only daughter the property should automatically be transferred in her name.

Would appreciate any responose on this.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 May 2012

Dear Mr.Anand,

Everything would depend on whether the property was the self acquired property of her parents ? If yes - then it is not HUF property hence no NOC is required from anybody. Adoptive Daughter is a class 1 legal heir and she gets the property via will as well as if there had been no will by way of inheritance. In order to put the will into effect she has to file a probate, which can be done in India through a authorised attorney. 

 

Feel free to seek any clarifications !

 

Regards,

 

Bharat

Advocate

anand (ABC)     24 May 2012

Many thanks Mr bharat. It is a self acquired property of her parents. I will go by your advice and will contact you if I need any legal help 


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