I am interested to purchase a flat. The flat is a joint property of husband and wife. Wife has expired and husband wants to sell the flat. The family has got only one married daughter who is settled abroad. On being applied for loan from SBI for resale of this flat, the bank is asking for a family tree certificate and NOC from the legal heir(s) . My questions are as follows: 1. What is a family tree certificate and who is the authority to issue such certificate. 2. Can NOC is given in a plane paper or to be executed as affidavit. 3. Since the daughter is staying abroad, how can she give an acceptable NOC?
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Humility means who are the legal Heirs after wife.
As wife expired interested thethe property of the wife will go to husband and the children as the only daughter is resident in overseas but that does not mean that her hair ship is gone.
She is entitled for her share in the property and NOC or relinquishment deed will be required by the father to sell
daughter should execute relinquishment deed or gift deed to relinquish or transfer her share in flat
2) it should be duly stamped and registered
3) family member certificate is issued by revenue authorities of your state
1) You can obtain a Family Tree Certificate by applying in person and online. You should have valid documents such as ration card, pan card, voter id card. You should manually complete the application forms and submit in the respective MRO office of your area.
2) an unregistered NOC can easily be challenged in the court of law so better go with registered NOC.
3) through embassy she can send Noc.
1. The local counselor shall issue the legal heir certificate after collecting te family tree (i.e. detail;s of the successors of the title holdder of the property).
2. Only NOC issued by the daughter is not at al adequate asl per. She shall have to either be the joint seller of the property or execute a POA in favour of her father duly notarising the same before the appropriate officer of her local Indian Consulate. Based on the said POA executed by her daughter, her father can sell the said property wherein signatures of both the persons i.e. the father and her daughter (POA holder in her place) shall have to be apended before the Registrar.
3. POA shall have to be executed by the daughter getting her signature notarised by the appropriate officer of her local Indian Consuylate as explained above.
1. The MRO office /the tehsildar shall give same it will give the details of heirs of the deceased.
20Affidavit has to be done and in case of purchase power of attorney is needed as daughter need to sign sale deed as she has right in property too so if she cannot come POA has to given to father or other relative to sign and execute sale deed on her behalf.
3. A POA notarised and stamoed by indian consultant has to be given; as sign of her in sale deed s required. Along the NOC on stamp and notarised.
Dear Client,
Mother share will devolve in husband and daughter, her noc/poa must, otherwise she can challenge sale deed.
It's legal heir certificate issue by tehsildaar.
Not noc but poa.
Poa can execute at indian embassy in her country.
In Asansol, West Bengal you can apply online as below
Apply Online
1. There is such authority to issue a legal heirs certificate. But you can a form of affidavit before the judicial magistrate or you can obtained from local councillor. 2. Affidavit or declarations on paper is not legal value. 3. She can execute a power of attorney from the aboard.
