bg 11 February 2018

Pagadi property registration / stamping of noc from siblings

Dear lawyers,

My father has a pagadi property that he wishes to transfer to me; we are 4 siblings. He has already made an affidavit saying that the property has to be transferred to me upon his death. However, to ensure that I have all proper documentation, I have also suggested that an NOC be made by my Siblings saying they dont have any objection to transfer the said pagadi property in my name. My questions are

1. Does the NOC have to be stamped, if yes how do we calculate the stamp duty?

2. Does the NOC have to be registered, if yes how much registration fee do I have to pay?

3. The aforesaid affidavit that my father has made, has been made on a stamp paper of Rs. 500, is it adequate. Does it have to be registered?

Would be very grateful if you can answer the above questions.

thanks,

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2 Replies

Kishor Mehta (CEO) 12 February 2018

Your father is only a tenant of the property and has only residential rights, he does not own the property and has no legal right either to transfer or to bequeath the premises. Hence your queries are useless in the matter.

bg 17 February 2018

thanks Kishor

I understand that he only has tenancy rights, however, I also understand that people as a matter of practice do make such affidavits and take NOCs from siblings to get rent receipt transferred in their name.

Are you saying that there can be nothing done by my father so that he ensures that only I have rights to this property and noone else?

thanks in advance