2 brothers have share in property, can 1 brother sell with NOC

838 votes

First of all you need to understand that, the property would be still standing in the name of the DECEASED person who executed WILL in favour of both of you brothers. So first of all you will have to mutated name of both of you brothers by replacing the name of the deceased by virtue of WILL in the Records of Rights. Than the one who wants to give NOC for the purpose of sell can

1) Either Give POWER OF ATTORNEY to the other who wants to execute the sell alone.

OR

2) Execute a RELEASE DEED in favour of the other one who wants to execute the Sale Deed.

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Advocate G Y Pathan LawRato

587 votes

for transferring the joint property both the parties will have to remain present before the registrar. in case one is not able to remain present, he can give power of attorney to another co-owner so as to sell the property and execute sale deed

Advocate Narendra Ramnani LawRato

966 votes

No. One brother cannot sell the property directly. here are the steps;
1. you have to file an application for incorporating the name of both brothers in the revenue records / property card.
2. After the recording the name of both brother, one brother will fill an application for deletion of his name in the revenue record/ property card.
3. Thereafter the revenue authority will send the notice u/s 135 D to the brother who is willing his name to be deleted.
4. After recording its satisfaction by the revenue authority, the name of one brother will be deleted.
5. Now, the one brother whose name appears in revenue record can sell the property without the consent of other brother.
However, it is advisable to record his consent as signing witness or confirming party in the documents.

Advocate Aftabhusen A Ansari LawRato