In gift deed what is role for noc
SHAILESH
(Querist) 03 August 2013
This query is : Resolved
my father given his own room to my name with proper registration & stamp duty pd
is society not given me membership becos they asking for noc for my family member,
this is case my mother & brother having ojection in this gift deed
Deepak Nair
(Expert) 03 August 2013
NOC is required to prove that the other members of the family have no claim and/or objection to the gift deed.
It is required when there are more than one legal heirs have their right and interest on a single property.
If other members have equal right on the property, they can raise objection.
SHAILESH
(Querist) 05 August 2013
dear deepak sir
before make gift deed we consult more than 10 lawyer, if any family member having objection to transfer my father own room to my name by gift deed , we got positive response after that we made gift deed... my family not given any writeen objection to my society then also my society committed takne object & not given me member ship ...... pls guide
Deepak Nair
(Expert) 05 August 2013
To complete the formalities of transfer of property in records of the society, NOC from legal heirs is necessary. This is to avoid any unforeseen issues in future that may lead into litigation.
By providing NOC to the society, you are securing your own interest and also helping the society to complete the formalities smoothly.
ajay sethi
(Expert) 05 August 2013
complain to the registrar that society s not transferring flat in your name . your father is alive and has executed gift deed in your favour . NOC of your brother etc would not be required .
SHAILESH
(Querist) 06 August 2013
dear sir
i already filed case under appeal 22 (2 ) agst my society becos of they not transfer my father room to my name even after pd stamp duty & registration, even new mumbai sub registrar told them that society dont have right to hold the membership ,then also this society member not giving me membership , now i agst filed case becos i m come under madha so agst i file appeal 22(2) agst society, my society member they dont have any written complete from my family member but now they told to sub registar that his family member appose , & they take meeting call all member now all my building told they want noc from my family member...... but i want to ask u in gift deep person giving a gift to any person they why society taking action
ajay sethi
(Expert) 06 August 2013
society is ignorant of law . generally office bearers of society dont have legal back ground.
Deepak Nair
(Expert) 06 August 2013
But, to be on a safer side, I would advise you to get the NOC of other family members, which can help you avoid any future problems.
SHAILESH
(Querist) 06 August 2013
dear sir
frnakly speaking last nine month i m facing this problem, actually my family member not support that's reason i cant give noc to society ... but when i ask lawyer before make gift deed they suggent me this is your father own property & if he want to gift deed then no problem but my issue is diff becos actualy my society member having problem with my father that's why they creat problem , my ? is , if is self property then also we have to give noc to everyone
Deepak Nair
(Expert) 06 August 2013
Then you send a legal notice through your lawyer to the president and secretary of the society demanding the transfer of membership, otherwise you'll take appropriate legal action against the managing committee.
Mention that the property is self earned property of your father and the gift deed too is registered following the procedure of law, and thus you are entitled for the transfer, & no NOC required etc...
SHAILESH
(Querist) 07 August 2013
dear sir
i already send notice to society member, but they dont have any answer so they given me reason that without your family noc we cant transfer your room , second side they send letter to my family member & told them if after received this letter if you not given any objection then we will trf room , after send that letter it more than 3 month finish, & my any family member not given any objection , now society say our society is conveny & madha given all right , now we take decision is final , i filed case against society in month of may , without lawyer support , & waiting for reply
but my question is can registrar take bride from society in this case & give result against me?
Deepak Nair
(Expert) 07 August 2013
Always better to file a case with the help of a lawyer.
The experts here can advise you only on the short information provided by querists. But, an appropriate petition drafted by an advocate is necessary for every case to withstand. So please avail services of a lawyer who have experience in handling cooperative society matters.
