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Sonal   26 October 2022

Is noc needed from husband of flat seller for a different flat?

Hello,

Flat A is in name of Radha and her mother. Mother is residing in that flat since last 10 years. Radha is married. I want to buy this flat as a re-sale. Do I need to take an NOC from Radha's husband even if they do not stay there? Do I take a written signed letter from husband about he ok to sell wife's flat? Or any other points I need to take in consideration?

Thanks in advance, 

Sonal

 



Learning

 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 October 2022

Radha and her mother shall execute the sale deed in your favour.  

1 Like

Dr J C Vashista (Advocate)     27 October 2022

Radha (but not her husband) is stated to be co-owner of the subject flat hence she has to execute "Sale Deed" with her mother as both of them shall be vendor.

Advocate Bhartesh goyal (advocate)     27 October 2022

You need not to take any NOC from Radha's husband as he is not owner of property .Get duly executed sale deed of flat from it's owners i.e Radha & her mother.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 October 2022

An NOC should never be taken when it is not required, because taking an NOC amounts to conceding a right which does not exist.

P. Venu (Advocate)     27 October 2022

The posting suggests deeper issues. Please post complete facts.

R.K Nanda (Advocate)     27 October 2022

no need to take NOC from radha husband.

Sonal   27 October 2022

Thank you for all your expert advise. However the intention to post this was - As Radha is married and if she hasn't told her husband about selling this flat. And what if later the husband emerges and tries to create problems. While speaking to Radha I got the feeling that her husband in not in town / she doesn't want to tell him about this decision. Will it create problem to me later....Not sure if husband can claim 50% in wife's property. Should I talk to him once either over phone/video call? please suggest.

Thank you, Sonal.

P. Venu (Advocate)     27 October 2022

The posting appears to be a riddle than a query!

Dr J C Vashista (Advocate)     30 October 2022

Originally posted by : Sonal

Thank you for all your expert advise. However the intention to post this was - As Radha is married and if she hasn't told her husband about selling this flat. And what if later the husband emerges and tries to create problems. While speaking to Radha I got the feeling that her husband in not in town / she doesn't want to tell him about this decision. Will it create problem to me later....Not sure if husband can claim 50% in wife's property. Should I talk to him once either over phone/video call? please suggest.Thank you, Sonal.

@ Sonal,

Please appreciate the fact Radha is the co-owner of flat with her mother. She may be influenced by her husband, which is "NOT" a legal and valid point while making a sale transaction.

However, it is between Radha and her husband to take a decision for selling her (Radha's) share in the flat, where her husband has no legal right, claim, interest or title.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 November 2022

As has been stated by many times again and again, husband of Radha has no legal right. If he creates a problem for Radha, that is their domestic problem and the purchaser of the property has nothing to do with it. If you start doubting and suspecting in this manner, you will never buy any property


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