• Consent from children for selling property

Hi,

I am buying a Plot from a person of age about 78 years (Seller). This plot was inherited to the present owner from his brother through a "Vardhi" or request letter to City Survey Dept to enter his brother name in all the property records. His brother this Plot from a third party and hence is a self acquired property. There is no Gift Deed executed between the brother since this transfer was happened in the year 1976.
Now, all the records like CTS Utar, Sub register EC, Tax Paid all are in the name of the Seller. His elder brother is ready to give Consent Witness in the Sale Deed at the Sub register office. 
1.	Is it required to obtain the NOC from the Children of the Seller?
2.	Is the Seller has the rights of Absolute Ownership on the property?
3.	Is it required to obtain the NOC from the Children of the Seller’s brother?


Regards,

Veeresh
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

1) you don’t need consent from children of seller

2) seller is absolute owner of property

3) don’t need consent of seller brother children

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) No need to take NOC from Children, unless n until seller is lunatic person.

2) Yes, Seller has absolute ownership on the property.

3) No, not at all as per the limitation act because the property is mutated on seller name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. No noc from the children of the owner is not required they have no claim over self acquired property,

2. Yes the seller has absolute ownership of the property the affidavit to effect can be taken from the brother about transfer in 1976.

3. No not at all required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Is it required to obtain the NOC from the Children of the Seller?

Answer: Since it is self-acquired property, therefore NOC is not required from the children. But to be safe, you can get an NOC from the children to prevent any chance of claim later no by them. If you posses the NOC any claim (even if filed) will have no merits;

2. Is the Seller has the rights of Absolute Ownership on the property?

Answer: Yes the seller has the perfect title on the property, if you say he has the documents in his name;

3. Is it required to obtain the NOC from the Children of the Seller’s brother?

Answer: Getting NOC from the seller's brother is enough. No need of NOC from the children;

This is my further response to you:

1. You can ask an advocate to do full title search of the property;

2. If that is not satisfactory then ask the seller to give you an indemnity bond wherein if any dispute occurs in the future, the seller will bear full responsibility;

3. You can also search if there is any court dispute pending over the land;

4. Once the check-up is done then go ahead with the purchase.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. NOC from the children is not required.

2. Yes the seller has absolute right and title to sell the property.

3. No NOC is required, if possible make them a witness to the sale deed ( and the same is not mandatory)

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

If the ownership is in the name of the seller, he is completely free to sell the property. There is no need for permission of the children as per law.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

My answers are as follows:

1. Is it required to obtain the NOC from the Children of the Seller?

Ans: It is better to avoid future complications.

2. Is the Seller has the rights of Absolute Ownership on the property?

Ans: Yes, it is only customary not 100 percent legal. Since any transfer must be by only registered document.

3. Is it required to obtain the NOC from the Children of the Seller’s brother?

Ans: It is also o.k. Or take their signatures on Sale Deed as consenting witnesses.

The law is as follows:

===============================================================================

Section 17 in The Registration Act, 1908

17. Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:—

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

24 [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] Provided that the 25 [State Government] may, by order published in the 26 [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

27 [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]

(2) Nothing in clauses (b) and (c) of sub-section (l) applies to—

(i) any composition deed; or

(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such Company; or

(v) 28 [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi) any decree or order of a Court 29 [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or

(vii) any grant of immovable property by 30 [Government]; or

(viii) any instrument of partition made by a Revenue-Officer; or

(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or

31 [(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]

(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer. 32 [Explanation.—A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]

(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered. State Amendments Andhra Pradesh: In section 17,—

(a) in sub-section (1),—

(i) for clause (d) the following shall be substituted, namely:— “(d) leases of immovable property;”

(ii) after clause (e) but before the proviso, the following clauses shall be inserted, namely:— “(f) any decree or order or award or a copy thereof passed by a civil court on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899 (2 of 1899), such as registered title deed produced by the plaintiff where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property; and...............................................................

====================================================================================

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hii

Greetings of the day

1. If seller has a clear title of only his name. Never in joined of any other member of family or some one else Then not required to obtained any NOC from childrens etc

2. But if seller is selling an ancestral property not purchased by him or his hard earned money , then noc has to be obtained from all legal hiers and survival of the property.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

hello,

the brother transferred his property to the person from whom you are trying to buy the property. there is no co-owner of the property. the person has absolute rights over the property.

find out if there are any encumbrances over the property.

other than that the children do not constitute parties as they don't own the property. but as a precaution, you can take a NOC from them lest they object to the sale after the death of their father that the sale is annulled on grounds of fraud.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. No.

2. Seller is the absolute owner of the property as it is a self acquired property and he is free to dispose it off as per his wish.

3. No.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. Mere entrance of name in the revenue records does not result in transfer of title as these records are relevant only for revenue purposes i.e for collection of property tax, etc.

2. It seems that the title of seller is defective.

3. Even signing as a consent witness on the sale deed will not make your title clear and marketable. Either the elder brother has to execute a gift/sale deed in favour of his brother or he has to execute a GPA to authorise the younger brother to sell the property for and on his behalf.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If there is a registered title document in the name of 'registered gift deed' or a 'registered sale deed' standing in the name of the vendor, you can proceed for this purchase, if not you produce all the relevant documents before a local advocate and get his opinion before you pay any amount towards the purchase.

The advocate will let you know if there is a requirement to obtain the NOC from the wards of the vendor or his own transferor.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. "IF" it is Self-Acquired Property of the brother, THEN No consent or whatever is required from any Children or whosoever.

2. HOWEVER, take a Indemnity Bond from both the sellers, indemnifying against any futuristic claims, from anybody and annex this with the new Sale Deed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer