• Mom is joint owner, can she sale the property on my NOC?

Hi,

Mom is joint owner of property with my father, my father expired last year. Now we want to sell the property (land), can she sell it by me giving noc to her stating I don't have any issues in she selling the same. Or we will have to get the papers made first in my and mom name as joint owner and the sell the property (which is lengthy and time consuming).
Thanks in advance
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

No just on NOC she cannot sale either a power of attorney is required or your personal presence for sale is required.

You have to transfer record in name of both and both need to sign the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

On father demise property has to be mutated in name of legal heirs and then only can you sell the property 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Yes you need to get it transfered first because for sale deed you need ownership proof. See khata entry kachi and pakki can take time though you have to go through process.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute relinquishment deed to relinquish your share in property 

 

2) it should be duly stamped and registered 

 

3) mere NOC is not sufficient 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You both can sign the sale deed as joint owner. 

No name change shall be required. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

All legal heirs name should be mutated on property if there is no WILL or GIFT deed by your father. than you can sell the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi, 

you can make a relinquish deed and get it registered saying that you have no objection to your share being sold by your mother.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Yes it can be sold with your noc, relinquishment deed. He can also be a confirming party in the said sale deed

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

A declaratory suit must be filed in the district court and getting an order that your mom is the sole owner of the property. After that you may go ahead with the transaction.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Father has died therefore you cannot sell the property unless it has been transferred to the legal heirs. Therefore handle all the issues otherwise it may create problems in future.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The property was in the joint names of your mother and deceased father, hence upon your father's intestate death his share in the property shall equally devolve on his legal heirs consisting you and your mother.

Thus your mother besides her half share in the property shall be entitled to another half share out of your deceased father's share in the property and you shall be entitled to that remaining half share.

Now if you want your mother to sell the property, she can sell only her share i.e., 3/4th share in the property because your NOC will not confer her the title to your share in the property.

You may either jointly sell the property or can execute a registered release deed in her favor so that she can sell it independently.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The property already devolved on you both hence ther is no necessity to register the property on your both the names.

Why do you struggle so much by adopting illegal means to sell the property, you and your mother can jointly execute the registered sale deed in favor of the prospective buyer.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. If you attempt to sell it without carrying out mutation then a diligent prospective owner may not want to purchase it unless mutation is done in favour of you and your mother.

2. So far as authority to sell is concerned, either you or your mother may execute a GPA in favour of other to authorise the latter to sell the property for and on his/her behalf.

3. Alternatively, sale deed can be jointly executed by you and your mother in favour of buyer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you are made consenting party to the said sale, it is enough. 

The reason is after demise of your father you will get share in property left by him. 

By making you consenting party to the sale deed, it reduced time & expenditure.

In the said sale deed, details as to your NOC and share will be  mentioned, as such, it is a valid document.

Thus it is less time consuming, less expensive and effective way to conclude the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

apply for mutation of property in your mother name.

enclose father death certificate.

gift deed or relinquishment deed by other legal heirs.

if no objections are received property would be mutated in mother name.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Execute relinquishment deed in favour of your mother. It should be duly stamped and registered.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Property of deceased Father, can be DIRECTLY sold, mutually by joint signatures of "ALL" the residual legal heirs, on the sale deed, mentioning as "Confirming & Consenting parties".  This can be done immediately, by annexing an strategic affidavit with the Sale Deed.

2. For above, there is no legal need for any type of documentations, whatsoever & whichsoever, 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The share of your father should be transferred to name of legal heirs to execute the sale of property.

2. Without title transfer of property to name of legal heirs or your your mother you cannot execute the sale because it will not be marketable title because your father is not alive.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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