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Ashok (edp )     21 April 2019

Gift deed not accepted by society. need family's noc

Hello,

My father is planning to gift the property to me(son) in Shivai Nagar, Thane-400606 which is registered society MUM/MHADB/TNA/(TC)/2949/2002-2003. So we enquired registrar offce agents, as per them My father can do the gift deed without any permission from my mother or 3 sisters as the father is sole owner of the property. So when I approached Society for NOC letter, they said they will require NOC for this gift deed from all the members(mother+3sisters) of the family then only they will give the NOC which is required for Gift Deed. 

Now my questions are 
1) Why society required the NOC when the gift deed is registered at registrar office. I have read many places that Gift deed is valid document to transfer the property so Society has to tranfer the shares and ownership of the room based on the gift deed. NOCs are not required from family members in this case.
2) Society also saying that I need to pay transfer fee to society which is 10000RS. Since there is no money trafer happened, do I need to pay the same. 
3) What are the options to challenge the above society desicions. 
4) My mother is aware of all this situation and she also dont have any objection. How I can involve her in this process so that I wanted that she was also part of this decision.
5) I dont think my sisters also have any objection to this. I have informed my Elder sister and she is okay with it. But I dont want to involve all of them since they are located very far from us and dont want to complicate this case as I can see Gift deed as an easy option to do hastlefree trasfer. I am ok to bear stamp duty and other expense as per this process of Gift Deed.

Kindly suggest. 
Ashok



Learning

 3 Replies

Nikita Parekh   23 April 2019

Dear Ashok you can share your email ID for further communication

Ashok (edp )     26 April 2019

mail2asoka@yahoo.com

vk   14 May 2019

HELLO ASHOK. 

IF THIS GIFT IS REGISTERED AND STAMPED THEN THERE IS A NEED TO GIVE A INDEMNITY BOND TO THE SOCIETY WHERE IN YOU STATE THAT THE SOCIETY IS NOT RESPONSIBLE ON THIS TRANSFER.

IF THE SOCIETY IS ASKING FOR TRANSFER FEE THEN APPROACH THE COOP SOCIETY OFFICE AT DADAR AND CHECK IF THIS PAYMENT IS REQUIRED TO BE PAID.

HOWEVER PLEASE CHECK IF FATHER PROPERTIES ARE TO BE EQUALLY DIVIDED BY HIS CHILDRENS.... THAT COULD BE THE REASON WHY THE SOCIETY IS ASKING FOR A NOC.

PLEASE CHECK WITH A GOOD LAWYER AND THEN DECIDE FUTURE COURSE OF ACTION.


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