you dont need consent of 2 sons for purchase of self acquired property of seller
2) no deed of relinquishment or GPA is necessary
3) if you so desire they can sign as witnesses on the sale deed
NOC certificate
I am purchasing a plot from an NRI (self acquired property), they have two sons who are Major and NRIs. They seller will come to India and register the property. Now do I need to take any GPA or relinquishment or NOC from legal hires? Please guide me for what all the documents I need from sellers for a safe and easy transfer of the property.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Dear client,
It is advisable to get a General Power of Attorney (GPA) from the seller when buying a land from an NRI who has legal heirs. This will enable a representative to carry out the transaction on the seller's behalf. Ensure this GPA complies with Section 1A of the Power of Attorney Act, 1882. Get a Relinquishment Deed from the legal heirs as well, giving up their ownership of the property to the selling NRI. This complies with Section 17 of the Registration Act, 1908 and helps avoid disagreements in the future. It is wise to obtain a No Objection Certificate (NOC) from the legal heirs, as this verifies their approval of the sale. Make that the NRIs are able to lawfully sell the property by checking if the Foreign Exchange Management Act (FEMA) is being followed.
Hope this helps you.
If it is a self-acquired property of the seller, there is absolutely no need for any relinquishment deed from the 'legal heirs'. Moreover, the question of legal heirs shall arise only after one's lifetime! Now, coming to the steps to be taken for purchase:
1. Get all the documents and take a written opinion from a competent lawyer.
2. Obtain the identity and address proof papers from the seller (obtain copies now and verify with the originals before finalising the sale transaction).
3. You may transfer the sale consideration to the seller's NRE/NRO bank account in India.
- As per law, a person has his right to sell his self acquired property without taking consent of his family members.
- Since, that is his self acquired property , then during his life time his sons have not right over that property , and hence no NOC or other documents are required from them.
- However , if you have any apprehension , then you can make them witnesses in the sale deed.
Yes it’s better you take noc from all legal heirs if the property is not self acquired of that nri person
If you confirm that this property is self acquired property of the seller then there is no necessity to obtain any NOC or POA deed from his children or wife .
If the seller is visiting India and executing the sale deed directly then there is o problem.
You can get the copies of all the relevant documents pertaining to this property, get it scrutinised/vetted by a local advocate and proceed if recommended.
Please ensure that you deduct tax at source at 22% out of the sale consideration amount without fail or else you would be liable to pay that amount to the government.
If its self acquired property then noc of the future legal heirs of the seller is not needed
however pending the effective transfer of the property from the name of the seller to your name in the relevant property records, you can take a limited POA from the seller which will come to an end moment the property is transferred to your name in all the concerned property records
If confirm that it is self acquired property than NOC required.
Language of sale deed is important which seller has executed while purchasing the property.
