Gift
ramsha
(Querist) 14 April 2013
This query is : Resolved
A person(mother) made a gift of house to one of her son and the son got the same registered. Also when the said son got the same registered whether NOC of the society is required and further whether any intimation is required to be given to the other son.Please guide on this.
Devajyoti Barman
(Expert) 14 April 2013
NO NOC is mandatorily required from Society.
On the basis of gift deed you may ask for share certificate to be issued in your name.
Advocate M.Bhadra
(Expert) 14 April 2013
Legally no intimation is require to other son or no NOC is require from the society.
But some society have bye-laws,the flat owner and the owner of the land on which the flat stands are not the same. The flat owner is given a property by virtue of his being a member of the society or the land being allotted (and not transferred) by a development authority in his favour or the developer selling a flat built on his land. Hence the NOC is required to safeguard the interest of the HFI from the repercussions of the five clauses viz.; Property being free from any encumbrances, Property being free and marketable, permission to mortgage the property, Acceptance of lien on the property and the owner not being allowed to sell the property to anyone else without the consent of the HFI not being adhered to.
R.K Nanda
(Expert) 15 April 2013
no more to add.
Adv k . mahesh
(Expert) 15 April 2013
yes as per society intimation has to be given
Raj Kumar Makkad
(Expert) 16 April 2013
NOC is not required but intimation to other sons shall definitely reduce your further time and energy in litigation in case those come to know after death of your mother and either of them decides to go to court. This situation can very well be tackled at this time during the life time of your mother.
ajay sethi
(Expert) 16 April 2013
no intimation is required to be given to other son . similarly NOC of society is not required
