• NOC from legal heir

Sir/Madam,

I am planning to buy a residential plot in Tamilnadu. The property was purchased back in 2006 and registered on my seller's name who's a woman. She has also acquired the layout approval in 2019 and selling one of the plots in the layout to me. From legal side, I have checked the property title with a lawyer and it's satisfactory. Got a few questions?

1. The sale deed is now being drafted and only her name is mentioned as a seller and my name as a buyer. The deed also captures that no legal heirs of the seller in future will claim for the property. Do I still need to get an NOC from her legal heirs (husband/child(major/minor) as well ?
2. If I need to get an NOC, should it be registered separately ? Can the legal heir(s) sign the sale deed as sellers alongside her mother in lieu of NOC?
Asked 1 year ago in Property Law
Religion: Hindu

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13 Answers

1.  If it is a self acquired property of the vendor then there is no necessity to obtain NOC fro the legal heirs.

As a matter of fact the question of legal heirs will arise only after the lifetime of the owner of the property.

2.   When there is no necessity for NOC from the so called legal heirs, this question does not arises. 

T Kalaiselvan
Advocate, Vellore
84849 Answers
2186 Consultations

5.0 on 5.0

You don’t need NOC from legal heirs of seller if it is her self acquired property 

 

2) they have no share in property and cannot sign as sellers 

 

3) they can act as witnesses 

Ajay Sethi
Advocate, Mumbai
94651 Answers
7523 Consultations

5.0 on 5.0

It is safe to get consent from all legal heirs. Two legal heirs can sign the sale deed as attesting witnesses.  Remaining legal heirs should register a relinquishment deed. Even if the property is self acquired by seller better to follow the  above procedure to avoid any legal issues in future.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1.  As per your narration, it's the self acquired property of the woman and during her lifetime she will be legally entitled to take any decision regarding the property, including selling the property to any prospective buyer of her choice. There's no need to take NOC from her legal heirs, as it's her self acquired property. The sale deed showing only her as the seller is in order.

2.  There's no need to obtain NOC from her legal heirs, as it's her self acquired property and she herself is selling. There's no need to show the names of her legal heirs as sellers. However,  it's advisable to obtain her legal heirs' signatures as Witnesses.

 

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

If she has any legal heirs and the property is not her self acquired it's better to take the noc

Prashant Nayak
Advocate, Mumbai
31906 Answers
179 Consultations

4.1 on 5.0

All the previous title documents need to be examined to give you a proper answer. As you say, the title is already checked by your lawyer, you may rely on his/her opinion. Your question looks hypothetical. Ask your lawyer to enquire into how the female seller purchased the property, whether out of her own income or otherwise and satisfy yourself on your apprehension.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

It would be regarded as her self acquired property 

 

seller doesn’t need NOC from her husband and children 

 

let children be witness to sale deed 

Ajay Sethi
Advocate, Mumbai
94651 Answers
7523 Consultations

5.0 on 5.0

What is legal heir money?

If the purchase of property was funded by a third person then also the seller is having clear and marketable title to sell the property by virtue of registered sale deed on her name hence there's no necessity to obtain NOC from the so called legal heirs. 

Firstly the concept of legal heirs/successors in interest will arise only after the lifetime of the owner of the property and not during her lifetime. 

T Kalaiselvan
Advocate, Vellore
84849 Answers
2186 Consultations

5.0 on 5.0

1) Even if the property is purchased by the seller with legal heirs money Its still a self acquired property, no need to get an NOC.

2) There is no need to get an NOC since the property is self acquired.

 

Please proceed with the registration

 

 

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

5.0 on 5.0

If there's evidence that the seller had purchased the property with the money received from one of her legal heirs, then in that case, let that specific legal heir sign the sale deed as " Consenting Witness". 

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

Dear client,  it is advisable to obtain a noc in oder to avoid any future problems. Moreover,  noc is a kind of affidavit and it needs not to be registered.  

Anik Miu
Advocate, Bangalore
8823 Answers
110 Consultations

4.7 on 5.0

Yes depends on what agreement between the heirs it is pending

Prashant Nayak
Advocate, Mumbai
31906 Answers
179 Consultations

4.1 on 5.0

1. Since, the said plot is in the name of that woman only and hence she is the owner of the said self acquired plot , and hence she has her free right to sell the said plot without taking the consent from any of her legal heirs 

- Hence, there is no requirement to take NOC from her legal heirs , however you can mention the name of her husband as a witness. 

2. No , legally you cannot make her husband or minor child as seller , as they having no right over the property during her life time. 

- Yes, even that property is purchased by the fund of her husband , then also consent of her husband is not necessary.

Mohammed Shahzad
Advocate, Delhi
13190 Answers
197 Consultations

5.0 on 5.0

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