NOC for Transfer of Property from Legal Heirs

A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction. 

INTRODUCTION

What is a No Objection Certificate?

A No Objection Certificate (NOC) is a document granting consent for the purchase or construction of property to a person or a company. Applicants must get a No Objection Certificate from the relevant government authorities before building an apartment, a bungalow, or any other structure.

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 for transferring land or property involves 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 NOC for land, the applicant can proceed with property registration and mutation.

The provisions for the description of property and maps or plans are outlined in Section 21 of the Registration Act of 1908. The provision does not directly relate to the term “No Objection Certificate,” but it specifies the requirement for a non-testamentary document with the following factors at the time of immovable property registration.

  1. Describe the property in enough detail for it to be recognised.
  2. the current and previous occupiers of the property.
  3. Townhouses must be described as follows:
  4. the direction that the house faces,
  5. the address’s address or the number of the street or road where they are located,
  6. Name of the property or residence where they are located.
  7. For registration purposes, a non-testamentary document including a map or plan of any property must also include a true copy of the map or plan.

An affidavit and a no-objection certificate from other legal heirs are two documents needed for the transfer of property. The transfer documents must reflect any monetary or in-kind consideration that any heir or claimant received in exchange for receiving their share. Legal heirs must be aware of how to take ownership of the property when the person whose name it is registered passes away. If there is a will, the process is straightforward. Legal heirs may also challenge the will if the property was inherited rather than self-acquired legal heirs may also contest the will if the property was inherited rather than self-acquired. However, the rule of succession applies in the absence of a will. A NOC must be presented in favour of relatives who are also legal heirs, declaring that the legal heir wishes to relinquish his or her claim to a property share. 

No Objection Certificate (NOC) from legal heirs for property transfer 

Various governmental entities, municipal governments, banks, and even private persons may issue a NOC, which is a document that contains specific information about a property. A NOC is a proof that the person issuing it won’t run into any legal problems if the transaction goes through in real estate transactions. Getting a NOC is now a requirement for land registration and property transfers since it enables the government to keep an eye on the growth of unauthorised colonies. For the transfer of land or the development of a colony, NOCs are necessary from the relevant departments. NOCs, or no-objection certificates, are official papers that may be necessary to carry out a number of tasks. However, the need for NOCs in regard to property transfers is critical. To start a housing project, builders need a large number of NOCs, sellers need NOCs to sell their property, and homebuyers can need certain NOCs to finish their purchases. This is the reason why everybody taking part in the sale or purchase of real estate must have a complete understanding of this significant documentation.

A letter of authority (NOC) is a legal document that gives someone or a company permission to buy or construct a property. Before building an apartment, a bungalow, or any other structure, applicants must get a No Objection Certificate (NOC) from the appropriate government departments. A No Objection Certificate (NOC) is a legal element that, if not obtained, will place the property at risk. For various sorts of property transfers, different No Objection Certificates from various authorities are essential.

Importance of a No Objection Certificate (NOC)

A NOC can be produced in a court of law and used to prove your innocence if you find yourself in a legal tangle in addition to proving that there are no objections. Once your home loan has been repaid, for instance, getting a NOC from your bank or lending organisation will make it simple for you to acquire all of the property’s legal papers. The release of a lien against the property may also be aided by a NOC. A lien on your home or other property means that banks or lending institutions have a right to sell it to cover their losses until your obligations are repaid.

Use of a NOC in relation to the transfer of property 

There are numerous reasons to issue a No Objection Certificate. Some of the common reasons for which someone could be asked to issue or get a NOC are listed below.

  1. For education/training (by an employee or student).
  2. For visa or immigration.
  3. For banking-related purposes.
  4. Issued by an employer to allow his/her employee to work with a different department, take different shifts, or change the parameters of their contract.
  5. For remodelling or reconstruction of a property

A NOC for property transfer helps in the following: 

  1. Remove the lien from your property.
  2. Improve your credit score.
  3. Get another loan.
  4. Sell your property.
  5. Get insurance claims, if any

Purpose of application of a No Objection Certificate (NOC)

Any time someone acquires a piece of land or immovable property, they must obtain permission and register the transaction with the relevant authority in order to verify that they have a valid ownership title. This is known as land or property transfer. According to Section 21 of the Registration Act of 1908, in order to transfer land or property, a NOC for the transfer of immovable property must be obtained from the authority.

The method includes requesting a Certificate from the Circle Officer and submitting the application to the Deputy Commissioner’s Office. The Deputy Commissioner will issue the NOC. The applicant may move on with registration and then land mutation after acquiring the NOC.

CONCLUSION

One of the most important legal documents to obtain when purchasing or selling a home is a No Objection Certificate. A NOC is given to confirm that a structure does not violate the rules and regulations of an organisation, agency, or institute.

CASE LAWS

Ajay Kumar Sharma vs The State on 23 August 2022

As per the petition, the petitioner is the son of the deceased Late Sh. Anand Prakash Sharma, who expired on 16.08.2021. At that time, he was ordinarily residing at B- 115, Sharda Niketan, Pitampura, Delhi-110034. The petitioner, being the son and Respondent No. 3 to 6, being the daughters of the deceased and Respondent No. 7 is the wife of the deceased son of Late Sh. Anand Prakash Sharma namely Late Sh. Ashish Sharma and Respondent No. 8 and 9 are the children of the Late Sh. Ashish Sharma and the grandson of the deceased, are the only legal heir of the deceased. A succession certificate has been sought by the petitioners in respect of the number of Rs. 12,00,132.00/- as the claim of Municipal Pensioner’s Health Scheme vide Membership /G-8 No. 36909 in the name of the deceased lying with Respondent No. 2. It is further stated, that the mother and brother of the petitioner had already expired and death certificates in that respect, has been already placed on record. It is further stated, that there is no impediment to the grant of a succession certificate under the Succession Act in favour of the petitioner as the other legal heirs i.e. Respondent No. 3 to 9 have given NOC in favour of the petitioner.

Sh. Jai Karan Singh (Deceased) vs Sh. Narender Singh on 17 January 2019

Although the plaintiffs have mentioned that their signatures on the NOCs were obtained by defendant no.1 on the pretext that their signatures are also necessary for the allotment of the plot, a perusal of the plaint shows that the plaint is completely silent about the time when such fraud was played upon them. The Will was executed in the year 2000, whereas, the NoCs were executed by the plaintiffs and other LRs in the year 2003. The plaintiffs have failed to mention how they signed on NOCs after three years of execution and registration of the Will in question. The NOCs in question are in Hindi. There is no averment in the plaint that plaintiffs are not even able to read the Hindi language. In the plaint as well as an affidavit of evidence, it is simply stated that defendant no.1 obtained the signature of plaintiffs on the pretext that their signatures are also required for the purpose of completing legal formalities. The aforesaid averment made in the plaint and in the affidavit is very vague in nature. The plaintiffs were duty bound to explain what documents they were made to believe, they were signing, when defendant no.1 obtained their signature on NOC‘s in question. Further, in the plaint, it is not averred that defendant no.1 also obtained the signatures of plaintiffs and thereafter converted those signed documents into NOCs. Further, the late Sh. Khimman Singh had two other legal heirs apart from the plaintiffs i.e Smt. Kela Devi and Smt. Prem. There is no averment in the plaint that defendant no.1 obtained their signatures on NOCs allegedly executed by them by way of fraud.

Reference:

https://www.99acres.com/articles/what-is-a-no-objection-certificate.html

https://blog.ipleaders.in/no-objection-certificate-noc-for-immovable-property/#:~:text=One%20of%20the%20documents%20required,noted%20in%20the%20transfer%20paperwork.

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