• Need to prepare No Objection Certificate for my wife to assist flat registration in her name

My wife and me bought a flat in Kolkata, and sale agreement between builder and us has names of both my wife and me. Currently my wife is in India and I am in USA. We wish to register flat solely in name of my wife for which builder is asking me to provide a No Objection Certificate.

Please share a No Objection Certificate format and process to get it prepared in USA. I am based in Wisconsin.

Regards,
Tushar
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

Any NOC prepared in U.S.A.  is not valid in India. You need to draft GPA in favor of your friend/relative giving him power to sign NOC on your behalf. Draft a GPA on white paper, get it attested by Indian consulate online as walk ins to consulate are suspended due to covid. send the GPA to named person, he can sign the NOC for you.


The GPA requires specific format. 

Ravi Shinde
Advocate, Hyderabad
4522 Answers
42 Consultations

Ask builder to provide format as he may not approve   the format furnished by you 

 

have NOC attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

For registering flat solely in wife name you don’t need GPA 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

- You can execute a POA in favor of any relative or nearest one for the said work and even to purchase the said flat in the joint name . 

- The said POA should be properly notarized as per rule of US , and attested from the consulate of India.

- Further, the said POA holder can appear before the registrar on your behalf for executing the sale deed 

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

The proposed No objection certificate can be prepared by the builder himself.

There is no specified format for this. 

You can ask the builder to furnish a format in this respect which can be duly filled by you from your country of residence and send it back to your wife who shall be eligible to get the sale deed registered exclusively on her name on the basis of the NOC, provided the sale agreement already entered was not be a registered deed. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

There is no GPA required to be given to your wife.

The GPA deed can be given to your wife only when you intend to get the property registered on both the names.

Since you have mentioned that you want the property to be registered on your wife's name exclusively, the suggested NOC would be sufficient. 

Further, if you want to take the assistance of any advocate in particular, you can contact them personally through phone consultation, whose details are available in this forum, instead of giving a general call in this public forum  to this effect. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

The format can't be same. It's better you get it drafted from any lawyer and checked properly

Prashant Nayak
Advocate, Mumbai
33017 Answers
214 Consultations

1. There is readymade format for making legal documents since all matters are unique in nature.

 

2. You can get the said NOC drafted by any local lawyer of your choice.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

1. There is no separate format for NOC to be issued by NRIs since the NOC will be the same as any of the Indian Citizen.

 

2. Actually a letter from your side asking the builder to register the sale deed in favour of your wife should have been enough.

 

3. It seems that your Builder is extra cautious to play safe for which he is asking for the NOC from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

Dear Client,

You may please book a consultation with us for more information.

Thank you.

Anik Miu
Advocate, Bangalore
10455 Answers
121 Consultations

A GPA must be made in USA and then it must be sent and registered here. Then your wife/any other person may sign on your behalf.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

A format of the GPA can be shared through e mail.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

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