Hi, I am a married woman staying in Delhi. There is a residential house in Uttar Pradesh which belonged to my late grandmother. After her death - my late father and my late father's brother (Chacha/Uncle) became co-owners of this house. After the death of my late father (without any will), I too became one of the co-owners of this house. In June 2022, I signed a notarized NOC stating that I am giving up my share in this house in favour of other co-owners. Now last week my Chacha/Uncle contacted me and said he has done an agreement for sale with a buyer for this house but this buyer isn't willing to accept my NOC and wants me to be personally present for execution and registration of sale deed. I haven't visited this house in several years and I am unaware if it has been part of any law suits, other sale agreements or mortgages.Therefore, I have refused to be part of sale deed because I don't want to be entangled in any legal complications at a later date. Instead, I have decided to do a registered gift deed in favour of my Chacha/Uncle - gifting him my share in this house. Then once this is done, I don't need to be part of sale deed with buyer. My queries:-- 1) Isn't notarized NOC a legal way of giving up share in property by a legal heir anymore? I am unable to understand why buyer is refusing my notarized NOC? 2) Although my Chacha/Uncle would give me back the original NOC that I gave him in June 22, but I still am not aware if he has shared its photocopies with any other prospective buyers or any authority. So to protect myself I have decided to take an affidavit from him stating that he hasn't used or shared the NOC with anyone else. Would that be sufficient protection against any criminal allegations like cheating etc. from anyone at a later date? Can legally I withdraw or cancel my notarized NOC now?
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notarised NOC has no value . registered gift deed or relinquishment deed is required
2) as on date you are co owner of the house . you can either remain personally present at time of execution of sale deed or execute relinquishment deed or gift deed
3) obtain affidavit from your uncle . have affidavit notarised
1. The legalised way of giving up the property by the legal heir is by registered Release/Relinquishment Deed in favour of other legal heir.
2. As you have rightly suggested, let your uncle sign an affidavit stating that he hasn't used or shared the NOC with anyone. You can legally withdraw NOC issued to your uncle.
1. release or relinquishment of your share in the property in favour of the other co-owner is one of the types of transfer of property which is required to be effected by a transfer document like gift deed or release deed [with or without consideration] which is compulsorily required to be registered under S.17 of the Registration Act
2. so the buyer refusing to accept your notarised NOC is right in his apprehension
3. as regards your query no.2 i feel it is the result of being excessively sticky and cautious which is really not required since once you register a gift deed or release deed in favour of your uncle [in which the factum of your noc can be stated in the recital portion], the giving up of your right in your noc will get subsumed in the gift/release deed. and even if your uncle has given the copies of your noc to some prospective buyers, i really do not see how you can be entangled in any legal proceeding! when one says in his noc that i give up my right that means that thereafter he would have nothing to do with the property. anything done after the noc by any other person in respect of the property will not come to haunt the noc giver. so please relax and think rationally and practically
Dear client,
Hope this helps you.
Notarized NOC not valid, It has to be registered.
Even if it is shared with any, has no repercussion.
1. Notarized NOC is not a valid document to transfer the rights in the property.
The buyer is right in his demand for joint execution of sale deed.
2. This NOC has no validity hence there's no purpose solved even if attempted any fraudulent activity misusing the copy
1. no. You have to execute a registered gift deed. This will require you to travel to the place were this house is situated.
2. It was any which ways meaningless because it wasn't properly executed; and it is only for this reason you arr being called to execute a proper gift deed. You need not worry so much for its misuse. But, you may take that affidavit from him.
1. As per law , for releasing share in the property , it must be registered Relinquishment deed and not NOC required.
- Further, this release deed is valid amongst the legal heirs of father only and not in favor of Second class legal heirs
- You can transfer your share by way of a registered gift deed in favour of chacha.
2. You can take an affidavit from his that this given NOC was not used by him.
Hi, Thanks a lot for your valuable suggestions. I have some further queries: 1) Do I need to mention about the earlier NOC given by me in the gift deed/relinquishment deed? 2) Also I am thinking of doing a relinquishment deed instead of gift deed (because stamp duty is less in that case). House is still name of my late grandmother - so there would two legal heir certificates attached :- First legal heir certificate shows my late father and uncle as legal heirs of my late grandmother. Second one that shows my brother, my mother and myself as legal heirs of my late father. Can I do a relinquishment deed in favor of other 3 legal heirs - my Chacha, my brother and my mother? They can then execute a sale deed with the buyer.
1) not necessary to mention
2) relinquishment deed can be executed by you for your share of property in favour of other legal heirs
1. It's not a must, since NOC does not extinguish your right over the property.
2. It's upto you to you execute a registered Relinquishment Deed in favour of anyone amongst the three or in particular to your mother and brother or in particular to anyone person.
1. yes no harm
2. yes
1. NOC is not valid as per law, hence there is no reason to mention about that.
2. As a legal heir of your deceased father you are entitled to a share in the share of your deceased father in the property as a right. Hence as one of the legal heirs you can execute a registered relinquishment deed relinquishing your rights in the property.
1. Not necessary
2. A relinquishment deed is executed by the legal heirs only
- You can execute relinquishment deed in favor of you blood related persons , i.e. legal heirs of your deceased father.
Dear client,
Hope this helps you.
On your father death, his share inherited in you, brother and mother by 1/3th share each. you can give your share to any one, no need to execute in all 3.
Yes you can execute registered relinquishment deed
