What is no objection certificate from legal heirs for transfer of property?

What is NOC Document? 

In any legal and official matter, when you claim you have no objection to anything, the ‘No Objection Certificate (NOC)’ legally validates that saying. One of the must-have documents required for the transfer of a property is a no-objection certificate from other legal heirs along with an affidavit.

Under ‘Section 21 of the Registration Act of 1908’, an NOC from the authority is required for the transfer of immovable property or land. It states certain information about a property and is issued by governmental bodies, local governments, banks, and even individuals. 

Why is NOC important? 

In real estate deals, the NOC serves as confirmation that the NOC-provider would not face any legal issues if the transaction goes through. It is important to obtain NOCs from the relevant departments for the transfer of land or the development of a colony. 

The following documents are required to obtain an NOC:

• Photograph and photo identity proof of the property buyer and seller

• Declaration of consideration if the flat value of both flat area and apportionment of land

• Latest revenue receipt

• Citizenship of the buyer, such as passport or Voter’s ID

• Land patta

• Affidavit of buyer and seller

• Copy of the Power of Attorney if applicable

• Pattadar to submit the affidavit in favour of the ‘Power Of Attorney’ Holder

• NOC of Co-partner in case of flat

• PAN Card

• Municipality receipt or the occupancy certificate, for flats

Therefore, a legal heir must know the procedure involved in obtaining the ownership of a property after the death of a person in whose name it is registered as along with an affidavit, it is one of the documents that will be required for the transfer of a property. 

The procedure to obtain an NOC is:

• Create a draft NOC as per the format of no objection certificate for property shared below.

• Get a non-judicial e-stamp papers from the nearest co-operative bank, court, or sub-registrar office upon payment of Rs 100. For this, they must provide the following details:

1. Applicant name

2. Description of document: First party name (applicant) and Second-party name: NA

3. Purchased by: name of the applicant

4. Stamp duty: Rs 100, fee for e-stamp paper along with vendor processing charges of Rs. 10, which amounts to a total of Rs. 110.

5. Contact number of the applicant

• Print the completed draft on a non-judicial e-stamp paper.

• Submit the documents to the notary public, including Printed NOC, identity proof such as Aadhaar card, passport, etc. 

• After verification of the NOC by the notary public, sign the NOC certificate that will be sealed and signed the NOC, and entry will be made to the notary book. 

• A fee of Rs 50 must be paid to the notary.

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No objection certificate for transfer of property

is a legal document issued by the legal heirs of a deceased property owner. It signifies that the legal heirs have no objections to the sale or transfer of the property to a third party.

Here's a general overview of a NOC for property transfer:

• Before the property can be sold or transferred to a third party, it's important to confirm that all legal heirs are on board with the transaction.

• The NOC prevents potential legal disputes or claims on the property in the future.

To obtain a

No Objection Certificate from family members for property

, follow these steps:

• Identify all the legal heirs of the deceased property owner.

• Draft a

  NOC from legal heirs for sale of property

  acknowledging that legal heirs have no objections to the proposed property transfer.

• Have the NOC notarized to add legal validity to the document.

• Include supporting documents that prove the legal heirs' identity.

• In some cases, the NOC is required to be registered with the appropriate authorities.

This is all about

No objection certificate for transfer of property

.

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NOC stands for No Objection Certificate. My brother lost his job in 2014 and wanted to sell a property. He visited us to get the no objection certificate from family members, and we signed the document without a second thought. I came to know its relevance in detail at that time, so I can help you know about it in detail. 

NOC serves as a legal certificate that states that people do not have any objections to anyone’s claim over property, goods, or other things. The NOC legal heirs transfer property is very important, and you are bound to get it if you want to sell a property. Let me share its relevance here. But yes, do remember to consult with a legal expert before drafting such vital documents. 

What is NOC in property?

When selling or transferring property, the buyer may request a NOC from the relevant authorities to ensure that there are no pending dues, legal disputes, or other encumbrances on the property. A seller must also make sure that the property receives the NOC, or else he/she might face legal issues afterwards.  

For example, suppose you are planning to sell a property that belongs to you and your brother. Now, if you sell the property without the other person’s knowledge, the buyer or your brother can sue you, claiming that you have sold the property illegally. That is why it is important to get the clearance certificate, or NOC. 

So try to get the No Objection Certificate from family members before selling a property. You can visit the local RTO office and get it, and sometimes some states have portals where you can apply for it.

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An affidavit and a no-objection certificate from other legal heirs are two documents you need for the transfer of property. The transfer documents must reflect any financial contribution that any heir or claimant received in exchange for receiving their share. So let me tell you what to mention in NOC for transfer of immovable property.

What is the NOC format for transfer of ownership of property?

An example of a no objection certificate (NOC) format from family members or legal heirs for the transfer of property is shown below:

Declaration

I, __________  son/daughter/spouse of______ aged_____, an Indian resident or NRI living at _________, I thus sincerely state and declare:

1) That __________, the decedent, held ___ shares of (the company's name) registered under Folio No. ___ and Share Certificate No (s). carrying the Unique Nos. __________ to.

The (shareholder's name), who passed away on.

2) That I am the deceased's legitimate successor. I am related to the deceased in some way.

I don't want to claim any ownership rights over the mentioned assets that the deceased owned. 

3) I now agree to waive any and all claims I may have over the mentioned securities, both now and in the future.

4) I thus declare that I have absolutely no objections to transmitting the mentioned securities in the applicant's name.

I'm signing this declaration to hand it to the appropriate Corporate officials.

I hereby attest that the information provided above is accurate to the best of my knowledge.

Solemnly affirmed at ________) Photo

On this____ day of______, 20 ) (Signature of the Legal heir)

Deponent

Identified by me           Before Me

Advocate                      S.E.O./Oaths Commissioner/Notary

Each individual legal heir must sign the declaration and provide the required identification with an affidavit for no objection certificate. The declaration needs to be properly notarized and executed on non-judicial stamp paper.

This is all from my end about the NOC for transfer of immovable property.

Hey Friend,

A NOC, or "no objection certificate," is essentially a document that contains information on the property that is issued by government agencies, municipal governments, banks, or even private individuals. In real estate deals, a NOC serves as a confirmation that, should the agreement go through, the NOC provider won't face any legal difficulties. I would extend my thankfulness to Parvinder for sharing an attachment on the

NOC for property transfer format.

Obtaining a no objection certificate, or NOC, is now a crucial step in the property transfer and land registration process since it enables the government to control the expansion of unauthorised colonies. Getting a

land NOC certificate

from the relevant department is required for land transfers and colony development.

According to Section 21 of the Registration Act of 1908, a NOC must be obtained from the authority before any immovable property or land can be transferred. The process for transferring land or a property entails filing an application for a NOC of land, including the necessary paperwork and costs, to the relevant Circle Office. The deputy commissioner will grant the NOC certificate. The applicant may then go for property registration and modification after receiving the NOC for land.

Change of ownership occurs when a building or piece of land is transferred. To obtain a legal ownership title while purchasing immovable property, one should obtain authorisation and register the property transaction with the appropriate authority. An affidavit

for no objection for transfer of property

and a no objection certificate from legitimate heirs must be provided in order to transfer property. Include a note in the transfer paperwork if you give any claimant or heir payment in exchange for their portion, whether it be in cash or in kind.

However, though the

NOC for property transfer format is already provided in the previously mentioned answer, I would like to say that

you can consult a property lawyer to assist you with the legal formalities involved in land transfer.

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Hi Buddy,

I am a property lawyer and I have some knowledge about the transfer of property law in India. Various clients come to me to clarify their concerns about the no objection certificate from legal heirs for transfer of property India. I would like to suggest a few factors about the same.

I have gone through Parvinder’s answer. I completely agree with what she mentioned. However, I would like to add a few factors to his answer.

With the introduction of the Hindu Succession Act, 1956, a woman in a family can claim her portion of property equally unless the father has made a will for the property split. Women born before the year 2005 have the right to claim property, thanks to a recent amendment. 

However, many women still do not claim a piece of their father's property. In such instances, a NOC for property transfer is required when her part of the family's assets must be distributed through the asset division process. A no objection certificate for property transfer can be signed to transfer property.

The other option is to sign a relinquishment deed.

If a legal heir desires to relinquish his or her claim to a property portion, he or she must present a

NOC from legal heirs for transfer of property

in favour of family members who are also legal heirs, stating the same in the document. This person's children will not be able to establish a claim on the property in the future.

Obtaining a no-objection certificate (NOC) for property transfer and land registration has become a crucial practice, as it allows the government to monitor the spread of illegal colonies. Obtaining NOCs from the relevant departments is required for the transfer of land or the development of a colony.

Section 21 of the Registration Act, 1908, requires a NOC from the government for the transfer of immovable property or land. The procedure for transferring land or property is submitting an application for a land transfer NOC, along with the required papers and costs, to the appropriate Circle Office. The deputy commissioner will issue the NOC certificate.

After receiving the land NOC, the applicant can proceed with property registration and mutation.

The fundamental data of the parties involved are included in a NOC letter format, which is addressed to anyone it may concern.

I conclude my answer about the no objection certificate from legal heirs for transfer of property India. I hope this helps:)

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You must know that a NOC or no objection certificate is a legal document that one may need to carry out several tasks. The significance of a NOC is very crucial when it comes to property transactions. It can be used to prove your innocence if you happen to be caught up in a legal issue. Let me tell you about NOC for transfer of property from legal heirs.

If you are a legal heir, then you should know the procedure involved to get the property’s ownership after the death of an individual in whose name the property is registered.

The process is easy in case there is a will present. The will can also be challenged by legal heirs in case the property was inherited and not self-acquired.

However, the succession law comes into the picture in the absence of a will. A no objection certificate from legal heirs for transfer of property, along with an affidavit, will be needed. If you pay any consideration, in cash or kind, to any claimant or heir for acquiring their share, then you should also mention this in the transfer papers. Plus, you need to register the release deed for the transfer of the share.

I hope now you know about the importance of no objection certificate for property transfer.

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I am attaching the format of NOC for transfer of property from legal heirs with this answer.