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Curious Sam (Self)     05 November 2014

Noc for mutation of property in inheritance case

After my father passed away and my brother refused to give me any share out of his property, I filed a law suit and won.  The court gave me a good settlement amount to be paid within 6 months. The judgment also said that my brother is allowed to sell his property if needed, but I must get paid my share, within six months.

Now my brother wants NOC for property mutation, but I am not sure if he will sell the property or not. Also, I am not sure if he will give me the money within six months or not.

I want to reference the court order (attach it) to the NOC and give the NOC only for the purpose of sale of the property.

How can I word the NOC to reference the court order and how can I protect myself to make sure that my brother does not get the property mutated in his name and not pay me.

Any template for an NOC in this case or any suggestions for appropriate wording of the NOC?



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 10 Replies

Dr J C Vashista (Advocate)     05 November 2014

@  Curious Sam,

Show the judgment to a  local lawyer, there are certain points which you are unable to follow.

However, what is the need of mutation if the property is being sold?

Consult  your/ some other local lawyer.

Curious Sam (Self)     06 November 2014

Dr Vashista ,  You have a valid point.

Why are they trying to mutate?

 

I also want to give them the NOC only for selling, not for mutating, until I get my settlement amount.

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

Dr J C Vashista (Advocate)     06 November 2014

Mutation not required when property is being sold. NOC be given for sale

T. Kalaiselvan, Advocate (Advocate)     08 November 2014

If the judgement says that he ca sell the property and pay you your share of money, the sale after getting NOC from you will be valid, but mutating the record is not necessary if he intends to sell the property, in the event of any doubt, you clarify the judgement properly from your lawyer and also take is help to get the agreement drafted for this purpose, because he is the one knows entire details of your issue as well as the litigation details and the outcome.


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