Apni Law Staff asked 6 months ago
My brother and I, both over 25 years old, lost our parents last year. We’re looking to transfer their Mumbai property to our names. It’s undergoing redevelopment by a private builder, and construction might start soon. We’re wondering if the developer can transfer the property to both our names. Or would it be transferred to only one of us through a Transfer Deed? Would we need an NOC to transfer it to just one person’s name? As the elder brother, my name is on the electricity and other bills. Any guidance would be greatly appreciated.
Best Answer
Apni Law Staff answered 6 months ago
Under Indian law, the property can be transferred to both your names through a Transfer Deed, even if construction is underway. The developer can transfer the property to both your names jointly, or to one of you as per your agreement. However, if the property is transferred to one of you, you would need a No Objection Certificate (NOC) from the other sibling to avoid any future disputes.
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