You dont have to take NC from your son
2) your brother does not need NOC from his children to gift his share to you
Transfer of Inheritance and Share in Co-op Society Flat in West Bengal from Brother to Own Sister
We have a flat acquired by my father during his lifetime. Now both me and my brother are the sole joint inheritors of the flat. At present we both are joint members in the co-op Society. The mutation for the flat has been done and the name of both my brother and sister appears in the tax demand notice from KMC. My brother has expressed his desire to gift his part of inheritance to me and resign from the membership of the society and transfer his share in the society in my Name. With this he desires to relinquish his inheritance rights as well as gift and hand over the flat to me completely. Incidentally my brother has two children who are of adult age, and I have a son who is also of adult age. By law all the three grand children do have their legal right of inheritance to their grandfather's flat. Questions: 1) Does my brother need to obtain any NOC from his children to gift his inheritance to his sister i.e. me? 2) Do I have to take any NOC from my son
Asked 1 month ago in Property Law
Religion: Hindu
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8 Answers
If class 1 heirs are living , that is the sons, then the grandsons are excluded. So NO noc from the grandsons is required.
This property was your father's self acquired property and upon his death it devolved equally on his legal heirs and both the legal heirs inherited property as per procedures of jointly.
Now the share of each legal heir in the property will become their self acquired property respectively.
Therefore the children of the said legal heirs have no rights in the property whatsoever and they cannot claim any share in it as a right, hence there's no necessity to obtain NOC from his children to relinquish his rights by your brother in the property in your favor, similarly your child also doesn't have any rights in your share of property.
1 NOC wIll not do. They would require to transfer their share as well to you by way of a gift deed.
2. Since youa re the donee , the NOC of your son is not necessary .
1. No. NOC is not required from his children , as after getting this property in inheritance , this become his self acquired property.
2. Not required
1. Since it is not an ancestral property (i.e. the property flow of title of which has not been interrupted for 4 generations), none of yours or your brother's children has any right on the share of the said property.
2. For the above reason, you need not take any NOC from your children.
3. However, you can make your brother's two children as the witnesses of the gift deed which will close their chance to claim their father's share any time later on.
1. Assuming that your father died intestate (without executing a WILL), then the flat owned by him get devolves equally to your paternal grandmother (if alive), your mother (if alive), you and your brother.
2. There's no need for your brother to obtain NOC from his children to gift his share to his sister, since the property is not ancestral property.
3. In the same yardstick, there's no legal need for you to obtain NOC from your son.
I assume that this property was purchased by your father. And that your mother is also not alive. Then after his death, since he did not execute any Will, his property is inherited by you two, as Legal Heirs.
No, your brother need not obtain any NOC from his children, since his share in the inherited property shall be regarded as his personal property.
However, it would be better to approach local courts and file a declaratory suit, since even if your brother gifts his share to you, you won't be having any title deed of your own share.
