No objection certificate from children of the property seller
I am going to buy a Flat in Hyderabad. The flat is in the name of wife and husband. the sellers have 3 children who are all aged above 20 years. my question is do i have to obtain consent or no objection certificate for the children of the sellers for the purchase of this flat.
if yes, can you send a proforma/format for the same?
Asked in Property Law from Hyderabad, Telangana
From your description only husband & wife are the joint owner of the Property, if that is so then you don't need any sort of NOC from anyone else unless name of the children too are included in the property documents.
1) you dont need consent of children for buying flat standing in names of husband and wife
2) i presume it is self acquired property of the sellers .
Dear Sir, that their children are also rival claimant and legal heir/successor of those husband and wife... you should take from the right to release their rights over the said property and also no objection to sold the property to you ,,, otherwise you do not purchase the said property. Kindly contact for format.
As per your question it is understood that it is self acquired property of both Husband and Wife you need not have to take the No Objection Certificate or obtain consent from the children but you can take the signature 2 of them as a witness to the property while registering the Sale Deed
No it is not required as the heirs of the owners do not have any right in the property during the lifetime of former. The parents are at liberty to sell the property owned by them without the consent of their children.
It would be sufficient to include their names in the sale deed as Consenting witnesses and keep them present at the time of registration of the sale deed to be registered before the jurisdictional sub-registrar.
at the time of preparation of the absolute sale deed it is sufficient if there names are included as CONSENTING WITNESSES, give instructions to your advocate or document writer to carry out this.
If the vendors have valid and marketable title to the property being offered to sell, there is no need to obtain a 'No objection Certificate' or even a consent from their children.
More particularly, if the property is self acquired property of the vendors, even considering taking signatures from the children as witness to the registered sale deed is also not necessary.
If you are uncertain of the capacity of the vendors o sell the property, you may take a legal opinion from a local advocate by producing the photo copy of the link documents and may proceed if he opines in your favor.
1. The title of the property stands in the name of the husband and the wife,
2. This is required to be confirmed first,
3. If the title is in their name, hen you are not required to ake consent from their children at all.