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Sandip Kumar Das   19 August 2022

Daughters noc

Dear sir/madam,
I am purchasing a property
Property details:
Dipali purchased on 1990 & she transferred to her husband Mr. Manoj on 1997

both died without transferred property to their son & daughter.
they have 2 son & 2 daughter (married)

now I m purchasing through loan from their son, both are agree to sell
so my question is can I face problem in future about property, if their daughter claim after selling (registered) me the property by the sons


Learning

 6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 August 2022

All the 4 are successors to the intestate property. You can purchase the property if all the 4 together sign the sale deed. Otherwise 3 of them should execute a deed reliquishing their rights and the 4th one can sell the property to you. Mere NOC is not sufficient. It can create complications to the buyer later. If any of them die his/her successor can disown the NOC.  Previously there was stamp duty for relinquishment of rights also at the same rate as for transfer. Now there is a Bombay High Court decision that only nominal stamp duty is to be paid for relinquishment of rights. The question is regarding  sharing the sale proceeds. All the four together can sign the sale deed, but you give your cheque in the name of one of them only as they stipulate.

Sandip Kumar Das   19 August 2022

Thank you so much sir for reply
Sir two sons are telling that we will sign in deed and their daughter lives in very log distance so they can't attend
therefore they are giving noc by notorised in the local court

Advocate Bhartesh goyal (advocate)     19 August 2022

Owner of property died intestated so sale deed has to be signed by all four legal heirs of deceased owner else in future sisters may claim their share in the property. If sisters are unable to come and execute sale deed then either they may execute relinquishment deed in favour of their brother or give registered power of attorney to their brother to execute sale deed on their behalf.NOC by sisters will not suffice the purpose.

1 Like

Dr J C Vashista (Advocate)     20 August 2022

Very well analysed, opined and advised by experts, I agree.

Obtain PoA or Relinquishment Deed from both sisters for transfer of their share in intestate inherited property under sale transaction.

Sandip Kumar Das   20 August 2022

Thanks to all expert who advised very clearly.🙏
my question is few cases already happened here,
they took noc in place of relinquishment deed or poa
now what problem they will face in future if legal heir claim
kindly clear me
Thanks

Dr J C Vashista (Advocate)     21 August 2022

Transfer of title on the basis of NOC of shareholder is invalid / illegal.


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