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Kapil (Engineer)     13 August 2013

Where to get noc from siblings for transfer of property

Hi,

My father bought a society flat in Panchkula, Haryana in 1997. Now both my father and mother are no more and there is no will left by both of them. Flat is still in my father's name. I have three sisters, all married and living in different cities. 

Now the society people are asking for NOC attested by magistrate from all my sisters to get the flat transferred in my name and my sisters are ready to give NOC.

My query is should my sisters appear in Panchkula court and submit a common NOC or they need to give separate NOC attested by their city's magistrate. I talked to a local lawyer and he said that each sister has to get NOC from her respective city since she is not a resident of Panchkula.

However, society people are demanding NOC from panchkula since property is in Panchkula jurisdication.

Please clarify me on this.

Thanks

Kapil



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 August 2013

A legal heir certificate is issued by the government for those individuals whose parent/husband is dead without leaving a will.

If an individual wants to claim his/her parents property they have to submit the legal heir certificate.

All living family members have are included in the certificate if there is no will.

Approach the district city civil court magistrate with the death certificate and produce the form.

It will take around a month to process all the necessary information and receive the certificate.

HIRAL THAKKAR (ADVOCATE )     13 August 2013

The advice of the local lawyer is correct.

Kapil (Engineer)     13 August 2013

Thanks for your reply Sir.

Is legal heir certificate same as succession certificate?

Since the property is a group housing society flat, the society officials have told me to furnish NOC from other siblings rather than submitting the succession certificate.

Can I apply for legal heir certificate in the city I live or in the city where flat is located?

Thanks

Kapil 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 August 2013

both legal heir certificate and succession certificate are same. In your case NOC can submit as your local lawyer said.

Kapil (Engineer)     14 August 2013

Thanks for your reply Sir. Should I ask my sisters to make NOC in relinquishment deed format?

Thanks

Kapil


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