My hindu family consists of four sisters and a father, but my father recently passed away. I’d like to get a NOC (non-objection certificate) to transfer the flat to my brother’s name, as well as any other requirements I’ll need for this.

Response

When is a NOC issued: When you make an offer, a business deal, or are involved in a transaction, a NOC is sought or issued. In real estate, a property buyer must obtain a NOC from a government agency or a previous owner to ensure that the property in question is free of legal entanglements or encroachments.

Why is a NOC important? In addition to establishing that there are no objections, a NOC can be produced in a court of law and used to prove your innocence if you find yourself in a legal bind.

Obtaining a NOC from your bank or lending institution, for example, once the home loan has been repaid, will allow you to collect all of the legal documents of the property without any hassle.

An NOC can also aid in the removal of a lien on property. A lien on your property means that the banks or lending institutions have a legal claim on it and the right to sell it until your debts are paid off.

Obtaining a no objection certificate (NOC) for land registration has become a crucial procedure, as it allows the government to keep an eye on the spread of illegal colonies. Obtaining NOCs from the relevant departments is required for the transfer of land or the development of a colony.

Under Section 21 of the Registration Act of 1908, a NOC from the authority is required for the transfer of immovable property or land.

The procedure entails submitting an application to the appropriate Circle Office, along with the documents required and fees. The deputy commissioner will issue the NOC. After that, the applicant can register the property and make changes to it.

No objection certificate from beneficiaries: Legal heirs must understand the steps involved in obtaining title to the property after the death of the person whose name is on the title. The procedure is simple in the existence of a will. If the possession was inherited rather than self-acquired, legal heirs can also contest the will. In the apparent lack of a will, however, the law of succession takes effect.

One of the documents required for the transfer of a property is a no objection certificate from other legal heirs, as well as an affidavit. If any heir or claimant has received any consideration, in kind or cash, for acquiring their share, it must be noted in the transfer papers. In addition, the release deed for the transfer of a share must be registered.

As previously stated, the requirement and need to obtain NOC from sisters can be easily met.

Reference: NOC(non objectional certificate):
Procedure to obtain from legal heir – 202100523-20210042-11786

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