Must Knows

No objection certificate from legal heirs for property transfer in India: NOC format and types of NOCs

[ecis2016.org] A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction. Read on to know about the importance of obtaining No objection certificate from legal heirs for transfer of property in India.

No-objection certificates or NOCs are legal documents that one may require to carry out a large number of tasks. The importance of NOCs is, however, extremely crucial when it comes to property transactions. Builders need a large number of NOCs to start a housing project; sellers also need NOCs to offload their property; homebuyers may also need certain NOCs to carry out property purchases.   This is why having a clear understanding about this highly important document is a must for anyone involved in a property sale or purchase.

You are reading: No objection certificate from legal heirs for property transfer in India: NOC format and types of NOCs

A no objection certificate or NOC is a legal document that can be issued by any individual, authority, organisation, or institution, specifying that there is no objection to the details stated in the document.

Also know all about release deed

Legal heirs must know the procedure involved to obtain ownership of a property after the death of a person in whose name it is registered. While in the presence of a will, the process is easy. Legal heirs can also challenge a will if the property was inherited instead of self-acquired. However, in the absence of a will, the succession law comes into play. A no objection certificate (which is NOC full form) from other legal heirs, along with an affidavit, is one of the documents that will be required for the transfer of a property. If one has paid any consideration, in kind or cash, to any heir or claimant for acquiring their share, then it must be mentioned in the transfer papers. Further, one needs to register the release deed for the transfer of share.

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No-objection certificate (NOC)

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With the implementation of Hindu Succession Act, 1956, a woman in a family has been allowed to claim her share in a property equally unless there is a will executed by the father for the division of the property. As per a recent amendment, women born before the year 2005 have the right to claim the property. However, there are still many cases where women do not claim a share in their father’s property. In such cases, a no objection certificate becomes essential when her share needs to be entitled to one of the family members, through the process of division of assets. The transfer of property can be done by signing a no objection certificate for property transfer. The other way is through executing a relinquishment deed.

Thus, if a legal heir wishes to give up his or her claim in the share of a property, the person has to provide a NOC certificate in favour of family members who are the other legal heirs mentioning the same in the document. The children of this person will not have the right to make a claim over the said property in future.

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No objection certificate for property transfer

An NOC, meaning a no objection certificate, is basically a document issued by government bodies, local authorities, banks and even individuals, stating certain facts about the property. In property transactions, an NOC acts as a clarification that there will not be any legal hassle from the side of the NOC-provider, if the deal takes place.

Getting a no objection certificate or NOC for property transfer and land registration has become an important procedure, as this allows the government to keep a check on the growth of illegal colonies. For the transfer of land or development of a colony, getting NOCs from the department concerned is mandatory.

An NOC should be obtained from the authority for the transfer of immovable property or land, under Section 21 of the Registration Act, 1908. For the transfer of land or a property, the procedure involves submitting an application for NOC of land, along with the required documents and specified fees to the respective Circle Office. The NOC certificate will be issued by the deputy commissioner. After the NOC for land is issued, the applicant can then go for registration and mutation of the property.

No objection certificate for property transfer: Application process

Transfer of a property or land involves change in the ownership. When buying an immovable property, one should get the authorisation and register the property transaction with the authority to get legal ownership title. A no objection certificate or NOC for property transfer is necessary. It can be obtained from the appropriate authority as per Section 21 of the Registration Act 1908. The procedure involves getting a certificate from the Circle Officer and sending the application to the Deputy Commissioner’s Office. The Deputy Commissioner will issue the NOC certificate. On receiving the certificate, the applicant can go for registration and land mutation procedure.

The procedure to obtain NOC is explained below:

  • Create a draft NOC as per the format of no objection certificate for property shared below.
  • Applicants must get non-judicial e-stamp papers from the nearest co-operative bank, court, or sub-registrar office upon payment of Rs 100. For this, they must provide the following details:
    • Applicant name
    • Description of document (Affidavit)First party name (of the applicant)
    • Second-party name: NA
    • Purchased by: (name of the applicant)
    • Stamp duty: Rs 100, fee for e-stamp paper along with vendor processing charges of Rs. 10, which amounts to a total of Rs. 110.
    • Contact number of the applicant
  • Print the completed draft on a non-judicial e-stamp paper.
  • Submit the documents to the notary public, including Printed NOC, identity proof such as Aadhaar card, passport, etc. After verification of the NOC by the notary public, sign the NOC certificate that will be sealed and signed the NOC, and entry will be made to the notary book. A fee of Rs 50 must be paid to the notary.

NOC for property transfer: What are the documents required

The following documents are required when obtaining an NOC:

  • Photograph and photo identity proof of the property buyer and seller
  • Declaration of consideration if the flat value of both flat area and apportionment of land
  • Latest revenue receipt
  • Citizenship of the buyer, such as passport or Voter’s ID
  • Land patta
  • Affidavit of buyer and seller/ power of Attorney holder
  • Copy of the Power of Attorney if applicable
  • Pattadar to submit the affidavit in favour of the POA Holder
  • Authority/ NOC of Co-partner in case of flat
  • PAN/ TAN Card
  • GMC/ GMDA/ Municipality/ Town Committee receipt/ occupancy certificate, for flats

No objection certificate format: What does an NOC contain?

A no objection certificate is issued for the purpose of business, trade, offer, etc. and may be issued by any employer, employee, landlord, tenant, etc.

An NOC letter format consists of the basic details of the parties involved and is addressed to whomsoever it concerns. Here is a format of no objection certificate for property use:

NOC format sample

TO WHOM IT MAY CONCERN:

This is to certify that [NAME HERE], resident of [ADDRESS HERE], is the owner of [PROPERTY NAME HERE], situated at [ADDRESS HERE], with Property Identification Number [NUMBER HERE] and containing an area of 25,746 square meters.

Certified further is that [NAME OF ORGANIZATION] interposes no objection to the NAME OF ORGANIZATION HERE of the said property.

ISSUED this 18th day of September, 2020, as requested by [NAME HERE] in support of his/her application for [APPROVAL NAME PROCESS HERE].

Signature: ____________________________

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Date: _________________________________

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Now let us look at a sample format of an NOC from an owner for leasing out his/her premises:

TO WHOMSOEVER IT MAY CONCERN

I/We, _________, son/daughter of ________ do hereby state that,

  • I/We am/are the legal owner/s of the premises situated at _____________ (hereinafter referred to as “the said premises”).
  • I/We have no objection in _______________ {Enter name} using the said premises as the registered office of the partnership firm/proprietorship/LLP/private limited company/ public company.

Date: _________         Signature _____________

Place: ________       (Owner)

Likewise, even a person selling a vehicle to another party in a different state, must also get an NOC from the Regional Transportation Officer (RTO) first, before it can be registered or used elsewhere. Nowadays, one can also obtain this type of no-objection certificate (NOC) certificate online, from the ‘Parivahan Sewa’ website under the Ministry of Road Transport and Highways.

In short, remember that an NOC is a vital procedure for house registration or immigration, building construction or just about anything that has to do with any transaction. One should be aware of the NOC certificate format, the details it contains and the procedure for obtaining the same.

Format of NOC from legal heirs for property transfer

Given below is a sample format of no objection certificate (NOC) from legal heirs for property transfer:

Declaration

I, __________, son/daughter/spouse of _________ aged ___, an Indian Inhabitant / NRI

presently residing at __________________, do hereby solemnly affirm and declare as under:

  1. That __________, the deceased, was holding _____ shares in (the name of the company) covered under Folio No. _______ and Share Certificate No(s). ___________, bearing Distinctive Nos. ________ to __________.
  2. That (name of the shareholder), the deceased expired on __________.
  3. That I am a legal heir of the said deceased. I am the (in what relation) of the deceased.
  4. I do not desire to make any claim of title of the said securities held by the deceased. I hereby agree to renounce all my rights existing as well as they may accrue to me in future in respect of the aforesaid securities.
  5. I declare that I have no objection whatsoever in transmitting the said securities in the name of the applicant, _________.

I am executing this declaration to be submitted to the concerned authorities of the Company.

I hereby state that whatever is stated herein above are true to the best of my knowledge.

Solemnly affirmed at ________ )          Photograph

On this ____ day of ______ 20__ )      (Signature of the Legal heir)

Deponent

Identified by me                                        Before Me

Advocate                                                   S.E.O./ Oaths Commissioner/Notary

The declaration, as given in the above format of no objection certificate for property transfer, must be executed by each legal heir individually along with necessary identity proof. The declaration must be executed on non- judicial stamp paper and duly attested by S.E.O. or Oaths Commissioner or Notary.

When is a no objection certificate issued?

An NOC is sought or issued while you make an offer, or a business deal, or are involved in a transaction. In real estate, a property buyer requires an NOC certificate from an authority or a previous owner, to ensure that there are no legal tangles/encroachments attached to the property in question.

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Why is an NOC important?

Besides establishing that there is no objection, an NOC can also be produced in a court of law and can be used to prove your innocence, if you happen to be caught up in a legal tangle.

For example, obtaining an NOC from your bank or lending institution, once the home loan is repaid, will enable you to collect all the legal documents of the property without any hassle. An NOC will also help in getting a lien on property removed. A lien on property means that the banks or lending institutions have a legal claim on your property and the right to sell the property until you pay off your debts.

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Common types of NOC

  • NOC for Property Transfer
  • NOC for Court Purposes
  • NOC for Visa [Employees]
  • NOC for Visa [Students]
  • NOC of GST
  • NOC from Landlord
  • NOC for Leaving Job [Issued by Employer]
  • NOC for Banking Requirement
  • NOC cum Experience Certificate
  • NOC for Starting or Leaving a Course of Study
  • NOC for Attending a Conference/Event
  • NOC for Tour/Visit

How to get no objection certificate?

For obtaining the no-objection certificate from an authority, organisation, or institution, you need to write a letter, mentioning your (applicant’s) details and explaining the purpose for which the NOC is required. It is also important to provide all the supporting documents.

What is no objection certificate from bank?

The way you follow the due procedures when applying for a home loan, it is also equally necessary to complete the necessary home loan closure formalities. That is, if you have availed of a home loan, you must obtain the NOC on the closure of the loan account. The NOC for home loan is a legal document, which states that the borrower has paid all the home loan EMIs and settled other outstanding loan dues.

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No objection certificate for building construction

In India, when constructing a house, an apartment complex or any structure, it is necessary to obtain a no objection certificate from various authorities and government departments.

As per the Development Control Regulations and the National Building Code, 2016, certain categories of buildings require an NOC from the fire services department. For example, buildings that are 15 metres above the ground level or having more than three storeys, are considered high-rise structures. They require a certificate of approval from the Director of Fire Force, before starting the construction work.

After the building plan is reviewed and approved by the sanctioning authority for construction, the chief fire officer issues the no objection certificate (NOC).

No objection certificate under RERA

According to Section 15 of the RERA, for transferring or assigning rights and liabilities related to a real estate project to a third party, a developer or promoter must obtain prior written consent from two-thirds of the allottees. Once the allottees grant the NOC, a similar certificate will be issued by the RERA authority.

No objection certificate for property use

When a tenant, usually a company, takes a property on lease and intends to use the premises as a registered office, then, getting a No Objection Certificate (NOC) from the landlord becomes necessary. The company must obtain the NOC before setting up the office.

Landlords must issue an NOC stating that they are willingly renting out the premises to the company and have no objection to the use of the premises or a part of it by the company.

The NOC letter format should contain details, such as:

  • Name of the landlord.
  • Name of the company to which the property is being rented out.
  • Address of the property.
  • Date and place.
  • Landlord’s signature and contact details.

Is no objection certificate required from a housing society to sell flats?

Recently, the Maharashtra Housing Minister, Jitendra Awhad, said that a flat owner is not required to obtain any NOC or no objection certificate from a housing society to sell or rent a flat. He said that housing societies would not issue an NOC if a person wanted to sell his flat to someone from the minority community. He also added that the cooperatives department has clarified that no objection certificate is not required, and residents can register their complaints with the deputy registrar. However, a property owner is required to obtain a no dues pending certificate from the housing society if he plans to sell the property.

As per the housing byelaws issued by the state cooperatives department in Maharashtra in 2014, no NOC is required for letting out or selling a flat. No objection certificate from a society is not necessary for the sale and purchase of flats as mentioned in Bye law no. 38 of the cooperative housing society rules. Also, as per Bye law no. 43, NOC certificate is required from a housing society to sub-let a flat. Further, as per the byelaws, if an individual requires an NOC, it should be issued within 30 days.

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No objection certificate for vehicle

Individuals buying a registered vehicle in a particular state e.g., Karnataka and planning to use it in another state e.g., Gujarat, must get an NOC. In such cases, the vehicle seller must obtain the no objection certificate from the Regional Transportation Officer (RTO) in the original state (i.e., Karnataka) and issue the document to the vehicle buyer in Gujarat.

The NOC should specify that the mentioned vehicle does not have any prior traffic offences against it in Karnataka and whether there is hypothecation against the vehicle in Karnataka or not. The vehicle buyer is required to present this document during re-registration of the vehicle in another state.

How to apply for NOC online?

The government’s parivahan.gov.in portal, under the Ministry of Road Transport and Highways, offers a convenient platform for the citizens to avail vehicle related services, including applying for a NOC for vehicle. Before proceeding to apply for NOC on this portal, make sure to check if the facility has been enabled in your state. Here are the steps to get NOC for vehicle:

  • Go to the parivahan portal and click on ‘Vehicle Related Services’ under ‘Online Services’.

No objection certificate for vehicle

  • In the next step, select your state from the drop down menu. Now, provide the vehicle registration number and select the RTO. Click on ‘Proceed’

No objection certificate for vehicle

  • From the services available, choose ‘Application for No Objection Certificate’
  • Provide the vehicle’s chassis number (mentioning only the last 5 digits).
  • Fill in the requisite details and upload the relevant documents.
  • Pay the applicable fees through any digital payment mode.
  • Save the NOC application and acknowledgement receipt.

Also, make sure to pay any pending road tax dues to facilitate the NOC approval process. Then, visit the RTO where the vehicle is registered carrying the application form, all the documents, and the acknowledgement receipt for further process. The officials will check the status of any dues related to your vehicle and also verify the vehicle ownership. After the verification process is completed, the RTO will issue the no objection certificate.

Documents required

The applicant is required to furnish the following documents:

  • Registration certificate (RC) of the vehicle
  • Insurance certificate of the vehicle
  • Photo identity proof
  • Proof of address
  • Permit and fitness certificate, in case of commercial vehicle
  • Emission test certificate (Pollution Under Control Certificate – PUC) Consent of Financier on CMV form 28, in case the vehicle is covered under Hypothecation, HPA or lease agreement
  • Pencil print of chassis number for CMV 28 form

How to apply for NOC offline?

  • The vehicle owner should approach the local RTO and submit an application for NOC.
  • Relevant documents, including the duly filled CMV 28 form must be submitted. The CMV 28 form is available on the government’s parivahan.gov.in portal.
  •  The NOC application charges of Rs 100 must be paid.
  •  The RTO will receive the application and request a vehicle report from the police authority for knowing if the vehicle is involved in any criminal cases or has been stolen.
  • A receipt of clearance will be received, and the NOC is sent in case there are no outstanding dues or pending DSA proceedings against the vehicle.
  • The NOC will be issued by the RTO within three business days.

FAQs

Is it necessary to get an NOC from society for a gift deed for property?

If you have all the relevant documents to prove the ownership of a property, you do not need to get an NOC from the society to gift a property.

Is an NOC valid for life?

No, once you obtain an NOC, it is valid for only six months.

How do I write an NOC for land?

You can simply state your willingness to let out/sell your land and then go on to mention all the details of the property.

Is NOC required for company registration?

When a company takes a property on lease for the purpose of using it as a registered office, it must get an NOC letter from the landlord. The NOC certificate must be submitted to the Registrar of Companies when applying for company registration.

(With additional inputs from Sneha Sharon Mammen)

Source: https://ecis2016.org/.
Copyright belongs to: ecis2016.org

Source: https://ecis2016.org
Category: Must Knows

Debora Berti

Università degli Studi di Firenze, IT

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