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Amit Kumar Singh (Lawyer in Pactice)     01 March 2014

Transfer of property rights

Dear Sir,

I purchased an aggriculture land in uttar pradesh (loni), which is now converting as Residencial plot by dealors. I purchased this land via registered sell deed through a third person who is a GPA holder from the real owner of the land. Please suggest me I want to take Notarised NOC from the Real Owner  regarding transfer his all rights of the immovable property in my name.  Is it enough for transfer of immovable property's right or any other alternate is better than this. I have not more money to invest in registration fee. Kindly help me out of this situation. Please send me any performa of NOC which suits to my situation.



Learning

 3 Replies

ABDUL RAZIQUE (Advocate)     06 March 2014

While you have a registered sale deed from an attorney of land owner and there is no any legal matter about right, title and interest, so it is not necessary to obtain a NOC from land owner either in notarial or registered nature. though for self confidence you told to vendor that he provide you a copy of a NOC  from land owner.   

ABDUL RAZIQUE (Advocate)     06 March 2014

While you have a registered sale deed from an attorney of land owner and there is no any legal matter about right, title and interest, so it is not necessary to obtain a NOC from land owner either in notarial or registered nature. though for self confidence you told to vendor that he provide you a copy of a NOC  from land owner.   

Amit Kumar Singh (Lawyer in Pactice)     06 March 2014

Dear Sir,

 

Thanks for your reply and valuable advice for me. 

 

Sir, some body tell me that latest supreme court's view is like that "the Honble Bench has merely drawn attention to the legal position that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances."  I does not read this but i am diffidence from the latest supreme court judgement on GPA. because i have no direct deal with the land owner. So Kindly help me that my doubt is right or wrong.


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