Hi, I am a buyer who is interested in buying land. The seller is a woman and has 3 children including 2 daughters and 1 son. The land is BDA approved and all documents look good except that the seller is not willing to get NOC from daughters. The seller is a woman whose husband and son have agreed to sign as witnesses. Also, the property was self acquired by the seller. In this case, is NOC absolutely required for the seller to sell her property to me? Are there any steps I can take to protect myself from litigations from family members of seller? Thank you,
The property being self acquired property of the vendor, she do not have to obtain signature or NOC from anyone.
She is the absolute owner of the proerty hence there is no restrictions on her to sell her property to the prospective buyer.
If all other things are okay and if you have obtained a legal opinion you may proceed with the purchase of the property ignoring such issues.
The property was self acquired by the seller and hence tye seller doesn't need any noc as she can transfer/sell/gift it to anybody. The children cannot issue a noc as they have no share in the property.
No NOC from daughters is required as it is her self acquired property
ask seller to indemnify you in case any third party claims are made
If there is proof of self acquisition of property, consent of legal heirs is not legal requirement. Make sure that there is undeniable proof of self acquisition, make mention of the same in sale deed and also issue a public notice before execution of sale deed.
Noc from all legal heirs, encumbrance certificate and indemnity bond
1. If it were to be the self acquired property of the seller ( as per your narration), then nobody else will have any right over the property including her legal heirs, during her lifetime.
2. There's no need to get the signatures of her husband and son, as witnesses.
3. NOC from daughters are not required since the property is the seller's self acquired property.
4. However it's better to get the property papers vetted by any Lawyer before proceeding further.
Generally, if it is the seller's self-earned property, no NOC is required from her husband and children. Please have the documents scrutinised by a lawyer and obtain his written opinion before proceeding with the purchase.
Dear Client,
For the transfer of land or development of a colony, getting NOCs from the department concerned is mandatory. An NOC should be obtained from the authority for the transfer of immovable property or land, under Section 21 of the Registration Act, 1908.The first step is to contact a lawyer for a free analysis of your claim, with absolutely no obligation. If it's determined that you have a valid claim, many lawyers will work with you on a contingency basis, collecting payment only if you win or settle your case.The Supreme Court Rules 1970, Part 78 rule 16 specifies that an application for a grant should be filed within 6 months from the date of death of the deceased.If it is filed any later an explanation must be given to the court explaining the delay.
Thanks & Regards
- Since, the said property is a self acquired , then she is having her right to sell the property without taking consent of any of her children.
- Further, no legal heirs having right to claim over the said property after her demise , and to challenge the sell & transfer of the property.
- Hence, no need to take NOC from her children for purchasing the said property from her , however you can mention in the document that how she become the owner of the property and as this is a self acquired hence there is no requirement for attaching any NOC from the sellers children's.
