• Is NOC from children required if mother selling home

HI,

My parents build a home on the plot which was in the name of my mother. My father has passed away and we are now trying to sell the home to settle in another place. 
I have 2 sisters and I am son.
My question: is NOC required from all children during the sale of this home/plot?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Dear Client,

All the children may included as seller or you may get transfered your sister's share in to his name.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

What us source of funds for purchase of plot and construction? Kindly clarify 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Who has purchased the plot ? If father in the name of mother than daughter have 1/4th share each. NOC require. Well, your mother can sell the property as it is in her name, later daughters can demand their share. As of now, without their consent, property can be sold. 

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

If the said property is your mothers self acquired property then only her consent is enough but if it's a family property then everyones consent is required

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Hi

If it is her self acquired property, NOC from children is not required. 

It is her wish / discretion to deal with the property as she wants.

In order to give more clarity, the title flow is required.

Good Luck.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes definitely, you need her consent. Since the land is in her name, without her consent the conveyance and transaction related to land can not be substantiated. Thanks.

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

1.  IF the House was exclusively "self-acquired" by parents, THEN the children do not have ANY rights over the same and neither their NOC or whatever is required to sell the house by the parents.  This is also established by a recent High Court judgement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Plot is in name of mother and she is still alive no NOC from children required mother can freely sale the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Permission from court shall be required to sell property of minor. Noc not required. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Your mother requires no NOC from her children because as you said she is the owner of the property.  Had the property been in the name of your father, the situation would have been different.  If your mother is the owner of the property as per sale deed, she can do whatever she wants during her lifetime.  She can sell, gift, lease,will, etc. alone.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

If the property is on your mother's name, then she need not to take anyone's permission or consent to dispose or alienate or transfer or sell the same to anyone of her choice as per her desire.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client, 

If the property (plot) is ancestral means came from your grandparents then your mother can not sell without the consent of you and your sister as under The Hindu Succession (Amendment) Act, 2005

if the property(plot) is self-acquired by mother then no need to consent of you and your sister as under The Hindu Succession (Amendment) Act, 2005.

 

You can me call through KAANOON for more detail.

 

plz, like and appreciate. 

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

The property belonging to a Hindu woman is considered to be her self acquired and exclusive property and hence she can dispose of it in any manner she likes .

So while doing so like your case he does not need consent from any corner, let alobe from her children. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

No NOC is not required if the property is self acquired by parents. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If the property is on your mother's name by a registered deed, then she is the absolute owner of the property hence she do not required any permission or consent or even NOC from her children for selling this property.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property is of self acquired nature.
  2. And there has not been any Will to create any specific right against the property.
  3. You all will have to take the succession certificate first and then all would have equal share in the property if going for sale then also.
  4. Or if sisters can execute the release deed of their share then the whole amount can be of that person from sale in favour of whose the same is executed.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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