• Procedure for NOC from legal heirs living abroad

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?
Asked 6 years ago in Property Law
Religion: Hindu

11 answers received in 30 minutes.

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32 Answers

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Th3 details of the property should be specifically written along with his/her share and the reason for relinquishment.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

what is the type of the property, self acquired or ancestral?

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

And full payment on registration of sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you can demand the property registration papers, mutation, house tax receipts, EC, 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Legal heirs have to execute specific POA authorising father to sell the property 

 

2) it should be duly attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

NOC is not sufficient 

 

either legal heirs have to come to India sign sale deed or execute specific POA 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Don’t make any advance payment 

 

only after execution of agreement for sale pay 10 per cent advance 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.  

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.. No NOC will be required in the instant case.

 

2. Engage a local lawyer to draft a POA for the person staying abroad.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

It will be highly risky to make any payment without getting any agreement for sale executed by you and the sellers.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You don’t need NOC from children ,grand children as it is self acquired property of seller 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

since the property is not ancestral, you can take the tile search report, ownership documents, mutation, EC, MAP, tax receipts, etc.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If property Is self acquired then consent not required. If it is ancestral then successors consent required.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No. this is self acquired property. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. If the said plot stands in the name of the said person as its sole owner, then you can buy the said property.

 

2. If there is nobody as joint owners of the said property, then you are not required to take any POC or NOC from anybody. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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