Legal Question in Real Estate Law in India

Hi. Ms. A is the sole owner of a two flats in Mumbai which she got from her husband post her husband's death. The no objection certificate was signed by her two son's Mr.B , elder one and Mr. C younger one. Also declaration cum indemnity was executed in 2005 between Ms. A and her two sons which gave her the right of absolute owner. The same was confirmed by the builder, through deed of confirmation in 2005. Due to Mr. B's criminal records, Miss A had disowned him in 2004 by providing a notice is the newspaper that she and her younger son Mr.C has no relation of any nature with Mr. B. Now, Miss A wants to transfer the flats in the name of Mr. C. Is it possible to get it transferred in Mr.C's name without any objection from Mr. B.


Asked on 4/02/14, 12:13 pm

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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Answered on 4/04/14, 12:09 am
Fca Prashant Chavan Expert Edge LLP

04.04.2014

Dear Sir / Madam,

First and foremost, let me make it very clear that there is no such act or concept as to "disown" a relationship in the eyes of law. If the person is a sister, brother, father, mother, son or daughter, she / the individual remains a sister, brother, father, mother, son or daughter for life. Since the flat is in joint ownership the Society will insist on both the title holders signatures on all the Society's transfer forms. I do not foresee any other options thereto.

Regards,

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Answered on 4/04/14, 7:29 am


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