Querist :
Anonymous
(Querist) 03 July 2018
This query is : Resolved
Respected Sir/Madam, I need your advice my mother and we two brothers are coowners of flat in CHS Located in Mumbai now my mother wish to transfer her 33% rights in flat to me through gift deed in this case does NOC require from my brother who is having 33% share in this flat to go ahead for registering the gift deed please advise and society secretary is asking for the same.is it legal for society to ask for third shareholders NOC.
Guest
(Expert) 03 July 2018
Your mother could legally transfer her Rights to any one of her choice.
Guest
(Expert) 03 July 2018
The Transfer would be based on 33% of her Rights on the Undivided share in the Property.
Guest
(Expert) 03 July 2018
First Expedite the Registration of Transfer in concerned Registrar Office by your Mother..
Guest
(Expert) 03 July 2018
Consent of the Society or NOC of any one else is not required for this and your Mother is only Transferring her Own Rights and no one including the society has No Right to involve in this
Guest
(Expert) 03 July 2018
Discuss with Local Advocate.
Ms.Usha Kapoor
(Expert) 05 July 2018
I agreee with Narasimha and Venu.
Dr J C Vashista
(Expert) 06 July 2018
Agree with experts, no NOC is required from society and your mother can dispose of her share. However, being undivided share in the flat it would require consent of your brother.
Querist :
Anonymous
(Querist) 06 July 2018
Sir but consent of brother required before registration or after,and mother is giving her portion of share is it not correct sir.
Querist :
Anonymous
(Querist) 06 July 2018
Sir but consent of brother required before registration or after,and mother is giving her portion of share is it not correct sir.
Ms.Usha Kapoor
(Expert) 11 July 2018
I agree with Narasimha and Venu.
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with Narasimha and Venu
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