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Sunil Jain   12 July 2025

Property share transfer

Hello Sir,

"I'm considering giving a No Objection Certificate (NOC) to transfer my share in my father's property to my brother's name, based on his verbal promise to share the sale proceeds equally. However, I'm concerned about the risks if he fails to keep his promise after the transfer. What legal precautions and documentation would you recommend to protect my interests and ensure I receive my rightful share of the sale proceeds? Should I draft a separate agreement, and if so, what clauses should it include?"



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     12 July 2025

Giving NOC is not the correct procedure or legally acceptable mode of transfer.

You can relinquish your rights by executing a registered release deed for consideration amount.

P. Venu (Advocate)     12 July 2025

What do you mean by "my share in my father's property"? Has the father settled the property to the children or is it devolved upon them by inheritance?


Sunil Jain   12 July 2025

Sir, 

It is devolved upon us by inheritance...

T. Kalaiselvan, Advocate (Advocate)     12 July 2025

Do not adopt short cut methods which will be a risk for your  preent as well as future.

NOC is not the correct procedure to relinquish your rights in the property.

You may have to execute a registered release deed to do so.

kavksatyanarayana (subregistrar/supdt.(retired))     12 July 2025

You can relinquish your rights over your share in heritable property.  But are you sure your brother can pay you the sale proceeds for your share?

Dr. J C Vashista (Advocate )     13 July 2025

You may execute Special Power to Attorney in  favour of your brother to finalise sale transaction except receiving consideration amount.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.


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