• Father to sell ancestral property & NOC from daughter

Hi ,

Father is selling agriculture land which is ancestral property - Father and his 2 sons executed the sale deed but daughter couldn’t come so we took a NOC (RS.100 Notary Stamp Paper) that she has no objection on selling the above said property to so and so party.

Please let me know if she or her children can challenge this NOC in future.

Property is in Telangan state
Asked 8 months ago in Property Law
Religion: Hindu

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11 Answers

Mere NOC is not sufficient 

 

Registered deed of relinquishment ought to be executed by daughter to relinquish her share in property 

Ajay Sethi
Advocate, Mumbai
76880 Answers
4615 Consultations

5.0 on 5.0

NOC is not valid, she have to give POA to any of them to execute sale deed on her behalf. She will include as seller.

 

Yogendra Singh Rajawat
Advocate, Jaipur
20064 Answers
28 Consultations

4.5 on 5.0

Yes, daughter or her legal heirs can challenge that NOC its better to present her at the time of sale deed.

Ganesh Kadam
Advocate, Pune
10671 Answers
94 Consultations

4.9 on 5.0

See since the property was in name of the father and he has signed sell deed and daughter has given NOC then in future there won't be any issue in the future.

Shubham Jhajharia
Advocate, Ahmedabad
25181 Answers
103 Consultations

5.0 on 5.0

1. No. the children of daughter have no legal jurisdiction to challenge the said NOC.  However, legally it would have been more prudent to take a Power of Attorney (POA) with proper relevant /strategic clauses.

2. Even today you can take a "irrevocable indemnity bond" with strategic clauses, from daughter, to indemnify all monetary & legal liabilities related to the ancestral property.

Hemant Agarwal
Advocate, Mumbai
4946 Answers
24 Consultations

5.0 on 5.0

- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

- Hence, NOC is not enough , and further it is also not valid document in the eye of law, for leaving  a share in the property.

- Further, she or her children can claim her respective share in future. 

- You should take a Release / Relinquishment deed from her , for leaving any right over the ancestral property. 

Mohammed Shahzad
Advocate, Delhi
4090 Answers
43 Consultations

5.0 on 5.0

If it's an ancestral property her children can also challenge the transfer

Prashant Nayak
Advocate, Mumbai
20518 Answers
38 Consultations

4.4 on 5.0

If property is ancestral then her children can file claim on future so you should also take NOC from her children. 

Mohit Kapoor
Advocate, Rohtak
9250 Answers
3 Consultations

5.0 on 5.0

In what way it is said to be ancestral property.

If it was your grandfather's property and a share was  allotted to your father by way of  partition or settlement or any family arrangement among his siblings, then it becomes your father's own and absolute property.

Thereby he need not obtain NOC or relinquishment deeds from his children to sell the proeprty to the prospective buyer.

He need not even take the consent or permission from anyone including his children to transfer the property to a third person by way of registered sale deed or any other registered deed.

This implies that he need not obtain NOC from daughter for selling his share of property to a prospective buyer.

The NOC obtained in a NJ stamp paper is of no use especially when the person who has a right in the property wants to relinquish his/her rights in favor of other shareholders, it should be done by executing a registered release deed relinquishing his/her rights in favor of others, hence the proposed NOC has no legal validity either now or in future.

 

T Kalaiselvan
Advocate, Vellore
66880 Answers
884 Consultations

5.0 on 5.0

Daughter can challenge NOC, daughter should execute relinquishment deed it should be duly stamped and register. 

Mohammed Mujeeb
Advocate, Hyderabad
17256 Answers
11 Consultations

4.5 on 5.0

Dear sir,

NOC on such stamp paper is not proper . She should execute relinquishment deed which must be registered then only father and two sons can sell the property legally otherwise issues will arise at a later point of time .

Kishan Dutt Kalaskar
Advocate, Bangalore
5521 Answers
193 Consultations

4.8 on 5.0

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