Legal Question in Wills and Trusts in India

Hello, my father has an HUF and he was karta. He expired 2 years back and we are two sons of him. We both are married & having minor children.

There is a residential flat which needs to be sell of and is in the name of HUF. The said flat was gifted by father's brother to father's HUF.

I am being elder son and wish to transfer the said flat in my name. My brother has given affidavit stating NOC for transfer flat from HUF to Elder son i.e. to me. Further, at present my brother stays in USA.

Request you to please advise;

1. Whether such transfer can be done ?

2. If yes, then what legal docs to execute

3. If not, then what is alternative to sell this property.

4. Younger brother stays in USA so does this affidavit needs to be registered or notarized affidavit will be valid.


Asked on 3/25/13, 2:00 pm

2 Answers from Attorneys
uttam Tibrewal

Dear cleint..

Yes you can do such transfer... but get sucession certificate

yes his affidavit as well as NOC will be sufficient.. if you find any problem in regards mail me at [email protected]

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Answered on 3/26/13, 4:47 am
Jayesh Desai Jayesh Desai

1. Yes.

2. Society Transfer form. along with NOC from your brother.

3. You can sell, after completing above formality.

4. Affidavit will have to sworn before Indian Consulate, nearest to the residence of your brother in USA.

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Answered on 3/29/13, 5:18 am


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