• Is there a chance that a son can come forward to claim for the property sold out by father

Dear team,

We are planning to buy a resale flat. Property owner is an NRI and first owner of the flat. Owner has a son and daughter who are majors. Son is also an NRI. Is there a chance by law that either son or daughter claim for the property rights in future after the father had sold it too us?
Asked 4 years ago in Property Law
Religion: Hindu

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39 Answers

if it is self acquired property of father son and daughter have no share in said property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

son and daughter can be witness to sale deed executed by father

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Children have no claim in self acquired property of father, owner is absolutely free to dispense property acc. to his choice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firstly, when we go to buy any property then we need to inquire little about the title of the property.

Secondly, though when you have bought the property legally then if in case if they claim anything right then they will have to go to the father and ask for their share form his money or property of left on his name, but surely not from you.

Thirdly, still if the property is the self acquired then they can’t even think about asking for their rights in the same.

Fourthly, if the same is an anscestral one then they may ask.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. During the lifetime of father his legal heirs have no share in the property. He is at liberty to sell the property to anyone he desires. Neither son nor daughter can claim the property after it has been sold by their father.

2. No stamp paper is required from children as they have no right in the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. Yes they can claim on the flat;

2. You should seek an NOC from them stating that they have no problem with the sale and will not claim the flat later in the future;

3. You can also ask them to file a relinquishment deed sating that they give up their claims on the flat;

4. You can also take out an advertisement in two local newspapers one in hindi or english and another local language and invite claims on the property;

5. If nobody claims within 30 days then go ahead with the sale.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

if property acquired by great grand father than it`s ancestral otherwise,

they have to execute release deed or joint seller or execute POA in favor of father to act on his behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. There is no need to get the signature of either child if the title vest absolutely in father.

2. If, however, the property is ancestral then all the shareholders have to execute the sale deed unless either of them relinquishes his/her share.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. First check whether the flt to be sold i self acquired property of the seller or not.

2. If yes then there is nothing to worry as no children of the seller can raise any adverse claim in the title of the property.

3. The objection of the children rises only when the fat is ancestral property of the seller.

4. So getting signature of his children is only optional and not mandatory.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

if property is ancestral son signature is necessary on registered sale deed

2) if it is self acquired property of father son does not have share in said property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If the property is the self acquired property of the NRI he is free to dispose it off as per is wishes and his children cannot claim any share in the self acquired property of the NRI father.

If the property is ancestral in nature then the father cannot sell the property without taking relinquishment deed from his children and other legal Heirs.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Should we get a stamp paper signed by children that they would not claim in future and register it?

If the property is ancestral, relinquishment deed should be executed by the legal Heirs in favour of The NRI father and it should be compulsorily registered.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Hello,

Children cannot claim a share over the self acquired property by the father as of right. If the father is willing to alienate them they can do nothing.

In case the property is ancestral then an noc is required.

Find out if the property is ancestral or self acquired.

Then obtain an noc.

An noc should specificallystate that from now on they don't have any interest in the property.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

They can get the relinquishment deed notarised in Indian Embassy in their country after payment of requisite fees and can send it over to India for registration of the deed.

They'll have to give a power of attorney to someone of India for get the registration done on their behalf.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Either release/relinquishment deed or POA executed at Indian Embassy - and shall be re registered with Sub registrar (any person can present) in India within 4 months. NOC has no relevance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

relinquishment deed should be attested before Indian consulate

2) mere notary would not suffice

3) it is better NRI children come down to india execute registered relinquishment deed if property is ancestral

4) if it is not ancestral no RD is necessary

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If the son or other children does not have any share in the property there is no question of NOC or relinquishment.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

hello,

the persons have to be present in India. Registered power of Attorney In India is required to manage property if you are NRI. Power of Attorney (POA) is a simple document which lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India. persons who cannot come to India should register a POA and in India, the person holding the POA on their behalf can do the needful.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. simply take NOC affidavit from children

2.they can sign before the US notary public

3. if they can sign before indian consulate then better

4. ask them to courier those signed and notorised affidavits to India

5. attach these affidavits to the sale deed you will execute with the father

6. the children will be bound by their affidavits and cannot claim any right in future

7. entire process above is not needed as children have no right in father's property as long as father owner is living

8. but there is no harm too as an abundant precaution

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

It depends upon the fact that how the seller acquired the property. If it is self acquired property, no need of any kind of signature or NOC from children. If property is ancestral or purchased by money derived from ancestral property, the Sons and Daughter having Right.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Dear team,

We are planning to buy a resale flat. Property owner is an NRI and first owner of the flat. Owner has a son and daughter who are majors. Son is also an NRI. Is there a chance by law that either son or daughter claim for the property rights in future after the father had sold it too us?

There is no chance for the same of the property was the self acquired property of the seller

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Should we get a stamp paper signed by children that they would not claim in future and register it?

Make them a witness to the sale proceeds,

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

We can get daughter sign as witness. But son cannot sign as witness in sale deed because he is NRI. In such cases if the property is ancestral, should we get a stamp paper signed by son? Or can we add a clause in sale deed that son and daughter does not have any further rights after sale

if he property is ancestral in nature then they will have to execute a relinquishment deed and just a sale deed will not work.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If I can get the NOC or relinquishment which is stamped by USA notary, from NRI children, should we get the NOC or relinquishment deed registered in India?

The same should be registered in India and preferably at the place where the property is situated

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once you get NOC on Internet email form both the son and daughter.

Keep the mail safe.

insist to give a letter in writing that they are in consonance with the deed of their father.

Get is by post. Keep the letter as well as the envelope in safe custody.

I think this much is OK.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

NOC should not be notarised but attested before Indian consulate

2) you can attach the NOC to sale deed

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Notary then is not required to be registered.

Get it certified from the tehsildar.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Why don`t you stay on one point either ancestral or self acquired.

NOC is not the document contained in sec 17 of registration act, which required compulsory registration.

US Notary is sufficient or get it attested from Indian embassy.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my further response to you:

1. Yes, get the NOC and/or relinquishment deed for your safety;

2. It is better to be safe than sorry;

3. If you comply with all legalities and formalities then your title becomes perfect and it also helps you when you sell it;

4. Therefore a notary from USA also will do provided it is done in a universally accepted format;

5. Yes the NOC needs to be registered with the sale deed (just to be safe).

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If the properties are self acquired the son and daughter has no claim on the properties of the father. They cannot make any suit to claim the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

IT is not required though for your satisfaction you can take a NOC on stamp paper notarised from children otherwise without it also children has no claim.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Ask son to send a notarised NOC from the abroad country he is living he can get a stamp there of that country and can get it notarised there only and can send it. The same document can be placed along the sale deed.

Further the daughter can sign as witness then her noc is not required,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See if it is name of father then there is no need of relinquishment deed as children donot have any right just to safe guard your interest from future claim a NOC on stamp of US notarised there can be taken. Stating that son has no claim on property and he shall not claim that in future,

Relinquishment deed come into plain where there are direct rights now property is name of father son has no right on that in fathers life,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Attach the NOC as Annexure to the sale deed and get it registered to with sell deed and this way it will be revenue records also. No separate registration is required. It will be stamp and registered with the sale deed,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

We are planning to buy a resale flat. Property owner is an NRI and first owner of the flat. Owner has a son and daughter who are majors. Son is also an NRI. Is there a chance by law that either son or daughter claim for the property rights in future after the father had sold it too us?

If this property belonged absolutely to the seller then his wards cannot object this transaction.

Nobody except the seller have any rights in the property.

You may obtain a proper legal opinion before buying it.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Should we get a stamp paper signed by children that they would not claim in future and register it?

That will not be necessary since they do not have any rights ion the property especially during the lifetime of their father

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

We can get daughter sign as witness. But son cannot sign as witness in sale deed because he is NRI. In such cases if the property is ancestral, should we get a stamp paper signed by son? Or can we add a clause in sale deed that son and daughter does not have any further rights after sale

This appears that you have not taken any legal opinion from any lawyer so far.

If you apprehend any trouble in the future then you may against her signature as an attesting witness.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If I can get the NOC or relinquishment which is stamped by USA notary, from NRI children, should we get the NOC or relinquishment deed registered in India?

The relinquishment deed has to be registered in India otherwise it is invalid in India.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

To be precise, if he sends NOC from USA signed from USA notary, does that need to be registered along with sale deed? Or register it separately before sale deed? How can I make NOC from USA notary valid here?

Although no support document is required, I am trying be cautious and bound them NOT to claim anything in any way in future.

Asked 15 hours ago

Your abundant caution is appreciable but what made you not to get legal opinion from any lawyer so far if you have so many doubts about this.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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