1) it is self acquired property of the vendor
2) you dont need NOC from his wife , son and daughter for purchase of the property
NOC from son when buying from father
Hi I am planning to buy a house from a 80 year old man. He has a son and daughter. The house is not ancesteral and seller constructed it on land that he bought. Property is registered in sellers name. Do i need to get NOC from his wife, son and daughter? His children are out of country and unable to come and sign as witness of the sale. thanks Jai
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
The title holder has full capacity to sell his self acquired land to anybody. If the absolute owner of the property is seller then no need to get NOC from other legal heirs.
1.In the case of self acquired proeprty the legal hers of the seller has no share in it.
2.So if the seller sells it his wife/children shall not have any say in this.
3.However to be on the safer side you can get them signed the deed as witnesses.
1. The seller is the ritle holder of the said property for which you are not required to take NOC from any body while buying his property.
2. However, after his demise, his legal heirs may claim that the said sale deed is invalid since the seller was not in his acceptable state of mind due to his old age while executing the said deed.
3. Since there is a chance (however remote it might be) of the above dispute which might arise later on, it will be prudent on your part to have NOC from all his legal heirs while executing the said sale deed or ask them to sign as witness to the said deed.
4. Alternatively, you can have a medical practitioner/doctor as witness to the said deed who can testify later on that the seller was in his perfect mental state while executing the said sale deed.
If the property in question is the self acquired of the person who is going to sell it then he does not require any NOC from his heirs i.e wife and children. During the lifetime of the owner his heirs have no share in his property.
Dear Querist
if the person who wants to sell the property is sound mind and able to contract with you then there is no requirement for NOC of any person but it will be better to make a witness to his wife in sale deed by which you will be secure in future, if his child claim any thing on that property or file any case with the base that he was not in the position to execute any sale deed or contract due to his age and mental status.
Feel Free to Call
1. Since it is the Self acquired property of the seller there is no need to take signature of any body, including his children.
2. Since his children are not in India let his wife sign as one of the witnesses.
The proposed NOC is not necessary.
Do not be confused on the title of the property.
You can always get an opinion from a lawyer if you are in doubt about the title of the vendor to the property.
If the vendor has perfect and marketable title then you do not have to insist on the signatures or NOC from his wards.
