A relinquishment deed must be made and registered by tge public notary and then sent to you. It should be annexed along with the declaratory suit.
I would like buy a immovable property (land only) from a person and whose children are in Abroad. What are the documents required for buying the property and there will no issues in future?
Please give the specific formats for NOC or any other documents required in this plot buying.
Shall I give advance (online payment) without any sale deed/agreement?
A relinquishment deed must be made and registered by tge public notary and then sent to you. It should be annexed along with the declaratory suit.
Th3 details of the property should be specifically written along with his/her share and the reason for relinquishment.
Onlibe consultation is provided by this website. Kindly book a consultation and then you may talk to the lawyer of your choice and he may provide you with the format.
Who owned this property?
If person and his children than children will give POA to father to execute sale deed on their behalf.
Execute agreement to sale before any payment.
once you get the documents contact any local advocate and get a search report of the property,
you can contact me for the standard or/and specific format of the NOC
Legal heirs have to execute specific POA authorising father to sell the property
2) it should be duly attested before Indian consulate
NOC is not sufficient
either legal heirs have to come to India sign sale deed or execute specific POA
- If the property is self acquired i.e. the person who is living in India has purchased the same from his earned amount , then he can transfer the said property to you , and there is no need of children consent for selling.
- But , if that person is also in abroad with his children , then they should execute POA in favour of any relative in India for selling and transferring the said property to you.
- NOC is not proof for purchasing a property legally.
- Further, you are not advised to pay even single penny without any sale deed or agreement, even online.
Well, it is not clear who is the owner of the property.
Except the owner of the property which is his self acquired asset consent of no other person is required.
So check the papers carefully and only if the property is ancestral then only consent of other co sharers is necessary.
Hi
It is advised that no payment shall be given without any registered agreement. You can give advance but get an agreement prepared for that advance payment.
Take NOC from children.
Thanks
1. If the owner of the property or any of the joint owners of the property stays abroad, then he/she shall have to execute and register a Power of Attorney in favour of his relative in India who will execute and register the sale deed.
2. No N.O.C. will be of any use in the instant case.
3. The property should be bought by registering a sale deed signed by the authorised POA holder of the owner of the property who stays abroad.
1.. No NOC will be required in the instant case.
2. Engage a local lawyer to draft a POA for the person staying abroad.
It will be highly risky to make any payment without getting any agreement for sale executed by you and the sellers.
If it is his self acquired property there is not need to obtain any consent from his children, otherwise, a formal consent letter / affidavit stating that they stating that they do not have interest in the said proprety.
Original Link documents, Genealogy of the person selling the property, property tax paid receipt, no due certificate from concerned documents.
No specific format can be shared on this Plat Form.
Only on satisfying the title of the vendor, and after signing the agreement you may give advance through bank only.
You need to get noc from all the legal heirs. You can make them sign as confirming parties in sale deed as well as take indemnity bonds from them
As mentioned I would like buy a property (plot in a lay-out) from a seller and who was bought it from the lay-out promotors, then is any document(s) like relinquishment or POA or something else required from their major children/grand-children. Note: This property is not ancestral.
If it's self acquired plot then it's not needed otherwise needed. For children you need to get permission from court to relinquish their rights or noc
since the property is not ancestral, you can take the tile search report, ownership documents, mutation, EC, MAP, tax receipts, etc.
Yes a relinquishment deed is required from the heirs if the owner is dead. If the owner is still alive then nothing else is required as the property is not ancestral.
The legal heirs has to given a special power of attorney to sell the said property by giving the details of property and the same has to be got attested before the Indian Consulate.
NOC is not sufficient.
(If any legal heir is a minor, they have to obtain court's permission to sell the same, with a specific pleading that, it is for the benefit of the said Minor Child). This applies only if any legal heir is minor.
If property Is self acquired then consent not required. If it is ancestral then successors consent required.
If the owner of the property is residing in India and he has the registered title deed on his name, then his children need not be involved in the sale of the said property.
His children residing in abroad need not have to sign the registered sale deed along with the owner.
It is presumed that the property belongs to the seller alone who has clear and marketable title to the property now being sold to you, then his children need not have to give NOC or consent for this sale of property.
You revert with more details for getting a proper opinion instead of repeating the same question in a different manner.
Do not do that mistake, if there is some problem at a later stage it would become very difficult for you to retrieve your advance amount or get it back for various reasons.
Do not take any hasty decision and repent later.
Since this is not ancestral property and his children do not have any rights over the property, the seller need not have to obtain any form of authorisation to sell his own property to the prospective buyer.
In any case, you may better obtain a proper legal opinion from a local lawyer before venturing into this purchase.
1. If the property is self acquired by seller then he doesn't need NOC from his children to sell the property.
2. You can go ahead with purchase even without NOC because it is self acquired property and he doesn't need consent of children for selling his own property.