Noc from sister on property
Rohit Gupta
(Querist) 22 January 2014
This query is : Resolved
I would like to know that I had purchased a flat in 2010 in mumbai and it was registered in the joint name of my mother n me. My father is alive but he has no share in it.
I have a younger sister and she is married.My mother died in 2011 and has left a will in which she has transferred her share all in my name. Now this whole flat is in my name. I'm thinking to get a NOC from my sister regarding this property in order to avoid any future complications,to which she has no problems.
Can you help me and give me a word format of the NOC that i should take from my sister and what would be the denomination of the stamp paper on which i should get it from her.
if possible please let me know the detailed procedure of it.
Thanks in advance
if
ajay sethi
(Expert) 22 January 2014
you can either obtain probate of will or ask your sister to sign deed of relinquishment .have it duly stamped and regd .
Rohit Gupta
(Querist) 22 January 2014
Thank you Sir. I would like to know is there any particular format of "deed of relinquishment"
Can I get the format of it please. Also can you tell me that should i prepare this deed on any stamp paper and of what denomination.
Rajendra K Goyal
(Expert) 22 January 2014
Ready made formats are not provided in this section, contact local lawyer.
Devajyoti Barman
(Expert) 22 January 2014
If you engage an advocate you would get such advocate.
Without engaging an advocate you can do this job.
prabhakar singh
(Expert) 22 January 2014
Well as the flat is in Mumbai and 1/2 share owned by your mother has been testated in your favor by a will then as of legal necessity you do need to obtain a PROBATE (if an executor is appointed in the will)or a LETTER OF ADMINISTRATION (if no executor is appointed in the will).
RELINQUISHMENT OR QUIT DEED is not required by you from your sister as she does not have any share in the property(flat).
At best she can make a notary affidavit of admission regarding the correctness of the
WILL made by your mother.
In addition she can admit the will in court
in proceedings of probate or LoA.
For obtaining PROBATE or LoA services of lawyer would be required.
Never bank on FORMATS as petitions are drafted on basis of facts of a particular case
and it is not a 'copycat' business.
