• Partition deed or noc

Two brothers and daughter......Daughter died and their Legal heirs (Husband and daughters) not interest in the property and they gave verbally NOC, ready to do any kind of document but not to visit registration office.....please suggest what kind of document has to prepare and do the validation through registrar.....and what will be the cost for validation.
Asked 6 years ago in Property Law
Religion: Muslim

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14 Answers

The husband and daughter can sign a notarised power of attorney authorising somebody on their behalf any relative to execute a relinquishment deed in your favour see for this deed is required and same need to be registered. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear client 

For purpose of this tranfer of rights of legal heirs of the daughter/sister you have to take relinquishment deed from them by which they give up their rights in the property and tranfer the rights to the beneficiary of the deed. 

The deed should be attested by two witnesses but check with the registrar office if unregistered relinquishment deed is acceptable or not in this tranfer. If the allow the tranfer then you can proceed further otherwise legal heirs of the daughter have to come to office of sub registrar.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Better Execute relinqushment deed. 

it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can execute a registered partition seed.  If they don't want to visit registration office their power of attorney holder can go on their behalf. 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Stamp duty is a State subject and hence would vary from State to State.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Mere NOC is not sufficient 

 

2) they have to execute relinquishment deed to relinquish their share in property 

 

3) relinquishment deed has to be duly stamped and registered 

 

4) in alternative they can execute registered POA to authorise any family member to execute relinquishment deed on their behalf 

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

Local lawyer can guide you as to charges payable 

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

They will execute registered Power of attorney in favour of  any family member to authorise to put signature  / execute any registered deed on behalf of them. 

 

In the partition deed specifically stated that they relinquish their right over the property and they need not any share in the property.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

If you are a Muslim then then property will devolve ad per the Muslim law. They have to come to the registrar office there is no escape from that.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Charges are the same but you have to bribe the officials.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There will be no extra charges same stamp duty and resignation fee as applicable has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the legal heirs of the deceased daughter are ready to relinquish their rights in the property then they may have to execute a registerd release deed  relinquishing their rights in the property in favor of other legal heirs/co-sharers.

They have to visit the registrar's office for this purpose otherwise any kind of documentation without registration would be invalid in law and you may not be able to proceed with the property without their consent anytime in the future too.

So dont take it casually instead request them to visit the registrar's office at least once and sign the papers for registered release deed in front of the registrar to solve the problem permanently. 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

The stamp duty and the registration charges for this relinquishment deed may be enquired from the local sub-registrar's office, however please note that the parties are to be present before the registrar to execute the registered release deed.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

  1. As per the information mentioned in the present query, makes it clear that the other parties/legal hires of the daughter are ready to give the NOC, but adamant to appear before any office.
  2. There is a solution to your problem in which you will have to draft a NOC in legal language and then take the notary public to their house and get the same attested in front of their eyes.
  3. In this way, the document will hold validity/ legal sanctity in the eyes of law and then also don’t have to be present at the time of executing the release deed.
  4. Rest, you are free to call me at any time for further legal assistance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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