Legal Question in Real Estate Law in India

I am staying with my father in house which is self acquired & owned by him. He wants to transfer it on my name after his demise by way of Nomination. I have one brother and two sister. I understand that the house transferred after the owners demise, the nominated person is only a trustee and to other lawful heirs can claim shares in it.

1) Can other legal heirs can relinquish their right by giving NOC now ( before the death of a father).Will that be a legal document and No legal heirs can claim the share in property after it transferred to nominee?.

2) Can father transfer this property on one of the children�s name without the consent of other legal heirs now? Under that situation the legal heirs can claim share in the property now or after the demise of father?


Asked on 10/29/10, 11:42 pm

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

1. No as succession can be either Testamentary or Non-Testamentary.

2. Yes as it is self acquired property.

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Answered on 10/30/10, 2:13 am
Vishwa Arya Arya & Co.

1) Can other legal heirs can relinquish their right by giving NOC now ( before the death of a father).Will that be a legal document and No legal heirs can claim the share in property after it transferred to nominee?.

At this time, during the life time of father, their NOC could be best procured as witness to WILL written by father in your favour. There is no other way a NOC would have any meaning.

2) Can father transfer this property on one of the children�s name without the consent of other legal heirs now? Under that situation the legal heirs can claim share in the property now or after the demise of father?

Yes, father may do so by way of gift deed which would require stamp duty but no NOC is required from the other legal heirs and they cannot later claim share in the property.

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Answered on 10/30/10, 8:52 am


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