• Sale of ancestor plot and signed consent form

Hello,

My father passed away a couple of years ago. Before that, he gave 1 plot of land to me in India, and 2 plots to my 2 stepbrothers. They are adjacent and ancestor property. My mother (first wife) did not get a divorce. My stepbrothers are selling their 2 plots, and the buyer has requested a signed consent form / or NOC from me. I want to check if this is really required for sale since the plots are already divided. Will I require a signed consent from them if I sell my plot. What will happen if we dont give each other the consent forms, can it not be sold? Also I have heard there is a high risk of misuse to my plot with an NOC. Could you please give suggestions. Thanks in advance.
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

Dear client,  

I'm sorry to hear about your father's passing. In regards to your question, it's important to understand the legal ownership and status of the plots of land. If the plots were ancestral property and were divided amongst the heirs through a legal process, then you and your stepbrothers would each have separate ownership of your respective plots. In this case, you may not require a signed consent form or NOC from your stepbrothers for selling your plot.

However, it's possible that there may be some legal documentation or agreements between your family members related to the ancestral property that could affect the sale of the plots. It's important to consult with a local lawyer who can review the ownership documents and provide you with the necessary guidance.

Regarding the NOC, it's a document that may be required by the buyer to ensure that there are no legal disputes or issues with the property. The NOC is generally issued by the co-owners of the property, but if the plots are already divided and you each have separate ownership, you may not require a NOC from your stepbrothers.

If any of the co-owners do not provide the required NOC, it may make the sale process more complicated or delay the sale. However, it's not impossible to sell the property without an NOC, especially if you can provide alternative documentation to prove the ownership and status of the property.

If you're concerned about the misuse of your plot with an NOC, you may include specific clauses in the NOC that limit the buyer's rights to use the property in a certain way or require their compliance with certain conditions.

Again, it's crucial to seek legal advice and guidance from a local lawyer who can provide you with more specific information and advice based on the laws and regulations in your area.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If your father transferred the plots to each one of you by a registered document then there is no necessity for the buyer of any plot to insist on NOC or consent from other legal heirs of your father.

There is no law prohibiting  each individual to sell their own property which they acquired from their father hence you can very well refuse to give NOC because you have no concern with the property belonging to them.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If the plots were transferred to them separately without involving the property transferred to you, then there is no reason for you to give NOC to them to enable them to sell their own property which is free from encumbrance.

No doubt by giving NOC you will not be affected in any manner, but this is not a legal requirement hence you can refuse to oblige 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

There is no harm in giving NOC

 

2) buyer wants to be sure that later you don’t file suit to set aside sale deed 

 

3) it is only matter of abundant precaution 

 

4) it can be sold also without NOC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

Verbal noc has no value 

 

written NOC is being taken as matter of abundant precaution 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The noc is taken so that later you don’t claim your share in the same. If the plots are different and already given to you separately you don’t require to give noc to him 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

If your stepfather has given the two plots of land to your elder stepbrother and the younger stepbrother was a minor at the time of the transfer, then the younger stepbrother cannot claim any right in those plots of land unless he had specifically been named as a beneficiary in the transfer deed.

In terms of obtaining a NOC (No Objection Certificate), it is always advisable to have a written document rather than a verbal agreement. Verbal agreements can lead to misunderstandings and disputes in the future. Therefore, it is always better to have a written agreement to avoid any legal complications.

In case your stepfather is not willing to provide a NOC, you can consider approaching the court for an injunction to restrain him from creating any third party interest in the property. This will help you to safeguard your interests in the property.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Have you got the property through registered gift deeds ? If yes then no NOC required.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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