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Transfer of property

(Querist) 28 February 2013 This query is : Resolved 
hi,

if grandfather wants to transfer the flat in the name of his grandson, instead of his son and married daughter or her son, he has to take NOC of both his son and daughter, but if his daughter is not ready to give NOC, then can he transfer the flat in the name of his grandson?
He already given some huge amount to his daughter,(of which he don't have any acknowledgement) and hence, now he wants to transfer the flat in name of his son, can he do so? OR
If he will make 'will' in which he can give his flat to his grandson, then can his daughter have any option? Please revert back as early as possible.
Thanking you.
ajay sethi (Expert) 28 February 2013
if its grand father self acquired property he can dispose it as he pleases . he dosent need his choldren NOC to gift flat to his grand son . he can if he so desire by will bequeath flat to his grand son . in will mention that during his life time he has given huge amount of money to his daughter
prabhakar singh (Expert) 28 February 2013
An owner is sovereign of what he owns.None can check his/her wishes.He can do what he wants.Can sale,gift,exchange,WILL,any body of his choice.

However WILL comes into operation after death of testator /owner and if some one successor in law is discarded reasonable explanation must be there with proof,if not then conditional GIFT should be the choice.
Arun Kumar Bhagat (Expert) 29 March 2013
I agree with Mr. Sethi & Mr. Singh.


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