• Do I need to give an NOC for a property wholly owned by my grandmother

My mother and one of her sisters have passed away and my 90 year old maternal grandmother is the sole owner of her apartment in Ahmedabad along with whatever else my grandparents may have had between them. 

My aunt, (mother’s sister) who is the sole surviving sibling of my mother, has requested me to sign a NOC/Affidavit saying I have no objection to my grandmother selling her apartment which she owns solely (100%). The draft Affidavit given to me has details of the property, how it was acquired jointly with my grandfather and how it became 100% hers upon my grandfathers passing by way of a will. A copy of that handwritten, unregistered will was also shared by my aunt.

I do not understand if or why a will was necessary to transfer my deceased grandfathers share in favor of my grandmother who was already a 50% owner and the sole survivor. It seems to me that a will was not required and was probably never used for making my grandmother the 100% owner.

Irrespective of how my grandmother came to become 100% owner, I believe she should have no problem in doing whatever she wants to do with it - sell, transfer, gift, donate or bequeath it after her passing by way of inheritance. As such, I am confused as to why my aunt(mother’s sister) wants me to provide a NOC stating that:
1. I was aware of the property ownership and my grandfather’s will/letter which supposedly I know is the last and final will.
2. I am aware that the property has since become my grandmother’s solely owned property
3. She has every right to do whatever she wants with the property without needing anyones consent.
4. I have no objection to her doing whatever she wants with her property/inheritance. 

I think there should be no need for an NoC as outlined above and I am worried the NOC may be for an entirely different reason. My aunt is saying my grandmother’s society snd the property broker require this NOC from me and two other grandchildren (children of my mother’s other sister - also deceased). She has not spoken to my father or my cousin’s father at all. She says, she doesn’t need any NOC or anything from them.

Should I sign the NOC given the information she has shared with me? What do you think could be the reason she wants me to sign the NOC?

Thank you
Asked 8 days ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

You can give noc mentioning the reason on it if you are suspicious

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

NOC is being sought by aunt as on grand father demise your grand mother , mother and her sisters  had equal share in grand father 50 per cent share in property 


no probate of will was done and aunt apprehends  that you may take legal proceedings to claim your mother one eight share in property 

 

Ajay Sethi
Advocate, Mumbai
84382 Answers
5530 Consultations

5.0 on 5.0

In the facts and circumstances of your case, an NOC from you is not required in as much as your grandmother owns 100% share of the property. She may leave a Will or settle it in someone's favour during her lifetime. You may directly ascertain the need for an NOC from the society.

Swaminathan Neelakantan
Advocate, Coimbatore
1018 Answers
17 Consultations

4.9 on 5.0

Even though your grandmother was the beneficiary of the Will made by your deceased grandfather bequeathing his 50% share in the property in her favor, since the Will has to be enforced to transfer the property revenue records to her name and for future selling of the property, she has to obtain NOC from all the legal heirs of her deceased husband.

This procedure of law is strictly followed to avoid fraudulent activities in the name of fake Wills etc.  hence to confirm that the other legal heirs are in the knowledge of such a property as well as about the beneficiary of the property through such a Will, it is mandated to obtain NOC from all the legal heirs.

In fact  your father as well as your cousin's father are also one of the legal heirs in respect of their respective deceased wives, hence it is essential that even they should express their no objection in writing to your grandmother for her proceed with proposed task ahead with regard to this property.

If you do not want to cooperate with your grandmother in this regard then she would be constrained to approach court of law by impleading you all people as parties to the lawsuit that may be filed in this regard. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Dear Client, 

There is no need for you to sign a NOC based on the information she has shared. A reason could be that she may be getting the property through will and she doesn't want you, being the legal heir to object to it. 

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer