Sandip Kumar Das 19 August 2022
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 August 2022
All the 4 are successors to the intestate property. You can purchase the property if all the 4 together sign the sale deed. Otherwise 3 of them should execute a deed reliquishing their rights and the 4th one can sell the property to you. Mere NOC is not sufficient. It can create complications to the buyer later. If any of them die his/her successor can disown the NOC. Previously there was stamp duty for relinquishment of rights also at the same rate as for transfer. Now there is a Bombay High Court decision that only nominal stamp duty is to be paid for relinquishment of rights. The question is regarding sharing the sale proceeds. All the four together can sign the sale deed, but you give your cheque in the name of one of them only as they stipulate.
Sandip Kumar Das 19 August 2022
Advocate Bhartesh goyal (advocate) 19 August 2022
Owner of property died intestated so sale deed has to be signed by all four legal heirs of deceased owner else in future sisters may claim their share in the property. If sisters are unable to come and execute sale deed then either they may execute relinquishment deed in favour of their brother or give registered power of attorney to their brother to execute sale deed on their behalf.NOC by sisters will not suffice the purpose.
Dr J C Vashista (Advocate) 20 August 2022
Very well analysed, opined and advised by experts, I agree.
Obtain PoA or Relinquishment Deed from both sisters for transfer of their share in intestate inherited property under sale transaction.
Sandip Kumar Das 20 August 2022
Dr J C Vashista (Advocate) 21 August 2022
Transfer of title on the basis of NOC of shareholder is invalid / illegal.