Rajaram Patil 14 February 2025
My father died 18 years back, he was having a flat in mumbai. Only heirs was me and my elder brother. we completed transfer formalities with the society. The Flat was transferred to my name and my elder brother given his NOC to society. My elder brother settled abroad.
Now I want to sale this Flat, in society record flat is in my name, but Inded-II is still in my father's name. What can I do? Pls.Advice.
Thanks.
Rajaram Patil
Dr. J C Vashista (Advocate ) 14 February 2025
Society cannot declare you as sole (single) owner untill your brother gets a relinquishment deed or sale deed / gift deed registered in your favour qua his share.
T. Kalaiselvan, Advocate (Advocate) 14 February 2025
Your brother's NOC is not a valid relinquishment of his rights in the property.
He has to execute a registered release deed relinquishing his rights in the property after which you can get the property transfer to your name to enable you to sell the property independently to a prospective purchaser.
Advocate Bhartesh goyal (advocate) 14 February 2025
Property can be sold/transferred in case either your brother relinquish his share and rights in property in favour of you by a registered release deed and make you absolute owner of property or give you power of attorney to sell his undivided share of property to buyer on behalf of him.
kavksatyanarayana (subregistrar/supdt.(retired)) 14 February 2025
Yes. I have also the same opinion.
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