• NOC from legal heir to sell property

My father owned a Tamilnadu Housing Board flat in Chennai purchased by him in 1985. He died in 1996. The flat was registered in my mother's name after providing NOC to TNHB from both my brother and me in the capacity as legal heirs that we do not have any objection in our mother holding the title of this property. Now, my mother is the owner of this property. My mother is in the process of selling this property. The buyer wants a NOC from my brother and me mentioning that we do not have any objection in my mother selling the property and would not make any claim whatsoever regarding this property in the future. Do we have to provide such a NOC to the buyer? If so please provide a format? Thank you.
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
You and your brother have not yet executed a relinquishment deed in favour of your mother, as a corollary whereto she does not have absolute title to the property. So you should either execute a relinquishment deed in her favour or execute a NOC as sought by the prospective buyer. You may also, to allay the fears of prospective buyer, sign the sale deed as confirming parties. Get the required deed drafted from a lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) on your father demise you have one third share in property 

2) if  flat has been transferred in her name she would be trustee for legal heirs 

3) if mother is selling flat the purchaser would be apprehensive that you and your brother would claim share in future in property 

4) in such a case you and your brother should execute deed of relinquishment or gift deed for one third  share in property in favour of mother
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
after the death of your father as his legal heirs, your mother, brother and you are equal share holders to the said property. However you and your brother have consented to the transfer of mutation to be registered in the name of your mother. accordingly she is now the single owner of the said flat. However at the time of sale, the buyer in order to protect his purchase and interest is insisting for an NOC from both you and your brother.
Here in Bangalore, at the time of registration of the final sale deed, any party interested in the property to be sold, will be made a Consenting Witness to the said sale. Accordingly you and your brother can be the consenting witnesses to the sale at the time of final registration, your signature along with photo and thumb impression will be taken on the final sale deed. This will be more than adequate and an NOC as sought for by the buyer will not be required.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. As per your narration it is understood that your father being the absolute owner of the property died intestate.
2. Assuming that you two brothers are the only children to your parents, the property would devolve equally to your mother, you and your brother, i.e., 1/3rd share each.
3. After your father's death the flat was registered in your mother's name after you and your brother provided NOC to TNHB.
4. Even though your mother's name is there in the official records, she only has 1/3rd share in the property as also her children. Your giving NOC along with your brother to TNHB does not release you and your brother's rights in your mother's favour.
5. To resolve this issue, you brothers can sign the sale deed as Vendors, along with your mother or you brothers can execute a 'Release Deed' in favour of your mother so that she can sell the property on her own without your giving NOC to the buyer.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
If the title deed of the property is in your mother's name then there is no need to issue a NOC. If the flat was on by your father and the title deed is in his name and the flat ownership was in your mothers name then then NOC is must. Actually you become the party of sale deed in such circumstances. Or  you and your brother should execute relinquishment deed  or gift deed for one third  share in property in favour of mother.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi, Both of you have no objections for selling the property then both of you can join the execution of the  sale deed along with your mother so that all of you can sell the property to the buyer.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi 
There is actually no need for you to provide NOC. However the buyer seems to be cautious. 
please find enclosed the template for NOC, so as to give additional comfort to buyer. 

NO OBJECTION CERTIFICATE

This is to certify that I_____________, s/o._______________________, Resident of _______________having PAN Number _____, do hereby state that I have no objection in my mother Mrs.________________w/o._________selling the property bearing address____________which is standing in her name and bounded by 
East:
West:
North:
South:  
This no objection certificate is issued by me with my free will and consent 
Place: ______					
Date: 06-03-2016. 						_________
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Actually a fresh NOC is not required to be submitted by the legal heirs if the property has been registered in your mother's name after the other legal heirs have relinquished their rights in it by executing a registered release deed. 
Please confirm if you have just given NOC or have executed a registered release deed and whether the property has been registered on your mother's name.
For a format o NOC, you may have a private consultation with any lawyer of this forum or may contact a local advocate.
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
5.0 on 5.0
1. Your brother who is not in India can give POA to any one, including you, to execute either Release or Gift Deed in favour of your mother on his behalf.
2.Your mother alone cannot execute the Gift Deed in favour of her sister since your mother is not the Absolute Owner of the property.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
1) your brother can execute POA in your favour for executing gift deed or relinquishment deed 

2) mother can execute gift deed in favour of her sister of her share in property 

3) sister can then sell property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
If your brother is residing abroad, then he can go to the indian embassy and execute an affidavit stating that he has no objection for your mother to sell the property to whom so ever she wants. At the time of sale since you can be present, become the consenting witness to the said sale. 
Gift deed by mother to her sister will only complicate the transaction. Avoid this approach.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
If a relinquishment deed was not made earlier, then as a legal heir all of you have to execute a registered release deed in your mother's favor or your brother can give a POA deed in your favor executed and attested in the foreign country itself upon which you can execute a relinquishment deed in favor of our mother along with your own willingness to relinquish your rights too. 
After that your mother will become an absolute owner and she can gift or transfer the property by sale deed or any mode she desires to.
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
5.0 on 5.0
Your brother may execute a registered GPA in favour of his mother or you to authorize any one of you to sell the property for and on his behalf.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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