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Is noc required for sale of property in my mother's name ?

(Querist) 05 October 2022 This query is : Resolved 

My father was allotted a Tamilnadu Housing board (TNHB) flat in 1982 for a tentative cost of Rs 49,000. He passed away in 1992 but TNHB did not issue sale deed yet due to disputes in arriving at land acquisition costs. Later the disputes were settled and a difference in cost was arrived at for allottees to pay. We paid the difference in cost and TNHB issued the sale deed in the name of my mother in 2019. Now my mother wants to sell this flat. Is it required to get a NOC from legal heirs of my dad to sell this property even though the property is in my mother's name ?

Please advise.

MK Suresh
Advocate Bhartesh goyal (Expert) 05 October 2022
No, property is on your mother's name and she is absolute owner of property so no any NOC from legal heirs of your father is required.
P. Venu (Expert) 05 October 2022
What is the context for this query?
kavksatyanarayana (Expert) 05 October 2022
The sale deed is in your mother's name and hence she is the absolute owner of the property and NOC is not necessary from anyone.
Dr J C Vashista (Expert) 06 October 2022
Despite the fact the property was allotted in the name of your deceased father the sale deed is stated to be in the name of your mother, accordingly she does not require any NOC from LRs of your father for transfer of title of the subject property to anyone.
Krishnan (Querist) 06 October 2022
Thankyou all for your reply.
T. Kalaiselvan, Advocate (Expert) 07 October 2022
In my opinion since the property was allotted to your father on an application submitted by him and paid the initial amount towards purchase of the plot, hence his legal heirs may be entitled to share in the property even though the authority has executed the sale deed in favor of the mother.
Hence to avoid an y litigation in future in this regard, it would be better that she obtain a written consent or NOC from other legal heirs of the deceased allottee before she is selling the property to a third party purchaser.
Isaac Gabriel (Expert) 07 October 2022
The Housing Board would have obtained no objection or consent from the sons/daughters while issuing sale deed in the name of your mother. This fact would have been noted in the sale deed.Verify this before venturing to sell.
adv. rajeev ( rajoo ) (Expert) 12 October 2022
When the house is allotted in your mother's name then it is not necessary to obtain NOC from her sons and daughters
Dr J C Vashista (Expert) 13 October 2022
No NOC is desirable from anyone.

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