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PN Singh (Manager)     15 October 2009

Three property owners and now one is deceased

We have a flat in the name of Father, Mother and a son. The father is deceased. The family has one married daughter and three sons (out of which one son is co-owner). We want to sell the flat and one of the buyer's bank is asking for an NOC from other children who are not the co-owners (2 sons and the daughter) for the deceased father's share. There is no dispute at all among any member. What is the format of the NOC and what is the procedure and on what type of stamp paper this would be required? Everyone is in different cities and one of the son is currently out of India. Please advise.



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 5 Replies


(Guest)

Dear PN SIngh Ji,

 

Here NOC means declaring in the Affidavit.  Please contact a lawyer he will explain you.

At the time of registration all legal heirs must sign on the sale deed.

adv. rajeev ( rajoo ) (practicing advocate)     16 October 2009

Sworning the affidavit does not oust the share of the married daughters, just you do one thing get the regd. rights relinquish deed from the other co owners, it is better. it is minimum regn., charge. some times smallmistakes make big troubles

PN Singh (Manager)     16 October 2009

Thanks for the reply. So we should get the relinquish deed signed from  the two sons and the daughter in favour the mother and the son (who were co-owners with the deceased father), Is that right? Second point is, for the son who is not in India, can we send the document and obtain his signature or are there any separate procedure for the same.

 

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     24 October 2009

RELEASE DEED TO BE REGISTERED. POWER OF ATTOENEY BY DIDDERENT PERSON IN DIFFERENT PLACE CAN BE EXECUTED  IN FAOVUR OF PERSON WHO IS AT HTE PLACE STAYING  IN THE CITY OF PROPERTY AND ON HTAT POWER OF ATTOERENEY NOC can be signed and relaease deed also tob esigned and registered.

MUMBAI 9820185379

Dhiren Akbari (advocate)     26 October 2009

first of all relase deed should be registered as you said. in some states, the registrar ask for the registered power of attorney. sale deed is to be signed by all legal heirs or by power of attorney holder. 


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