NO OBJECTION CERTIFICATE (NOC) FOR TRANSFER OF IMMOVABLE PROPERTY FROM HEIRS : ALL YOU NEED TO KNOW.

Introduction :

NOC means “No Objection Certificate” it is a clear permission for transferring of property.

NOCs play an important role in the real estate sector as they help in transferring properties from one owner to another. NOCs are often required by the seller or buyer who has already purchased a property and is looking to transfer it to the other.

Transferring immovable property from legal heirs in India is not a very easy task. There are specific rules that have to be followed, and the process can get really tedious.

The following article will discuss the noc for transfer of immovable property from legal heirs in India, Procedure, its importance, format and all the details you need to know.

Objective of NOC

A no-objection certificate from other legal heirs, as well as an affidavit, are essential documentation for the transfer of a property. Any payment, in-kind or monetary, received by any heir or claimant for gaining their share must be stated in the transfer documents. Legal heirs must comprehend the mechanism for obtaining ownership of property after the death of the person in whose name the property is registered. In the existence of a will, the procedure is straightforward. Legal heirs can also oppose the will if the property was inherited rather than self-acquired. However, in the absence of a will, the rule of succession takes effect.

NOCs, or no-objection certificates, are legal documents that may be required to complete a variety of duties. However, when it comes to property transfers, the importance of NOCs cannot be overstated. Builders need a large number of NOCs to start a housing project, sellers need NOCs to sell their property, and homebuyers may need certain NOCs to finalise their purchases. This is why anybody participating in a property sale or purchase must have a thorough understanding of this significant document.

Section 21 in The Registration Act, 1908:

Description of property and maps or plans.—

(l) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified ) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3) Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.

(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.

Essentials of NOC :

There are a few aspects that must be discussed and addressed in the letter, according to the widely used NOC format. Individuals must remember that a NOC must be written on the issuing organisation’s official letterhead. The elements of a NOC letter include:

  1. Name of the person in favour of.
  2. Name of the person issuing.
  3. Address/contact of the issuing authority.
  4. Date issued.
  5. Official signature.

A few NOC formats have been provided hereunder. These are general formats that are adopted but are subjected to the circumstances they are made in. Keeping the same in mind clauses are either added or eliminated from the certificate. 

How to write a NOC for property transfer :

TO WHOM IT MAY CONCERN:

This is to certify that [NAME HERE], resident of [ADDRESS HERE], is the owner of [PROPERTY NAME HERE], situated at [ADDRESS HERE], with Property Identification Number [NUMBER HERE] and containing an area of 25,746 square metres.

Certified further is that [NAME OF ORGANISATION] interposes no objection to the NAME OF ORGANISATION HERE of the said property.

ISSUED this 18th day of September, 2020, as requested by [NAME HERE] in support of his/her application for [APPROVAL NAME PROCESS HERE].

Signature: ____________________________

Date: _________________________________

Application process for Obtaining No objection certificate for property transfer :

A NOC from the authority is required for the transfer of immovable property or land under Section 21 of the Registration Act of 1908. The method for transferring land or property is filing an application to the relevant Circle Office for a land transfer NOC, together with the necessary documentation and charges. The NOC certificate will be issued by the deputy commissioner. The applicant can proceed with property registration and mutation after acquiring the NOC for land.

The procedure to obtain NOC is explained below:

  • Create a draft NOC as per the format of no objection certificate for property shared below.
  • Applicants must get 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:
    • Applicant name
    • Description of document (Affidavit)First party name (of the applicant)
    • Second-party name: NA
    • Purchased by: (name of the applicant)
    • 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.
    • 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.

Conclusion :

A No-Objection Certificate (NOC) is an authorisation that one party, who has the right to oppose a proposed transaction, does not object to the transaction. The NOC is a must-have for some transactions such as properties and other immovable properties. It is important because the NOC assures that there are no restrictions on the property.

In India, there is a need for all transactions related to immovable property to obtain an NOC before they can be completed because of various reasons like legal disputes and inheritors’ rights. A No-Objection Certificate (NOC) is a certificate issued by local authorities that confirms that the land being sold is not reserved for public use and is not entitled to any lease, easement, or other interests.

The no objection certificate can act as a clearance for many purposes including stamp duty exemption, registration without penalty and property tax exemption. Without the no objection certificate, it may be difficult to get clearances for these purposes.

It is important for any individual who owns an immovable property contemplating sale should provide the no objection certificate from local authorities before beginning any transactions to avoid complications in future.

References :

No Objection Certificate (NOC) for immovable property

https://www.kaanoon.com/59131/noc-from-legal-heir-to-sell-property

https://indiankanoon.org/doc/36867/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

We do conduct several Courses, Quizs and Webinars, Click here to register

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: