We want to sell flat with NOC...........................

559 votes

If your brother has given an NOC and the share certificate now stands in the name of you and your mother then there would be no issue. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

989 votes

Since you and your mother are the nominees and legal heirs, and the society has transferred the share certificate in your names, the sale should proceed smoothly. However, nomination does not override inheritance laws, so your brother’s NOC is crucial to avoid any future disputes. Ensure all legal formalities, including obtaining a succession certificate or legal heir certificate if required, are completed. Consulting a property lawyer can further safeguard the transaction.

Advocate Ranabir Datta LawRato

531 votes

Since your father nominated you and your mother for the flat, and the society has transferred the share certificate to your names, you have a legal right over the property. However, nomination does not equate to ownership in all cases. Legal heirs, including your brother, have a rightful share in your father's estate under inheritance laws. Since your brother has provided a No Objection Certificate (NOC), it reduces potential disputes. However, it is advisable to execute a legal relinquishment deed or gift deed from your brother to avoid future complications.

Advocate Vikrant C Deshpande LawRato

789 votes

Since the society has already transferred the share certificate in your and your mother’s name and your brother has given NOC, you should not face any major legal issues while selling the flat. However, keep in mind the following points to ensure a smooth transaction: If your father’s flat was self-acquired and not ancestral, and he nominated you and your mother, the nomination only allows the society to transfer the share certificate, but it does not grant absolute ownership. Legal heirs still have a right to claim their share. Since your brother has given NOC, it means he is not contesting the ownership, which strengthens your position. Before selling, ensure that you have a succession certificate or legal heir certificate if required by the buyer. Some buyers insist on an indemnity bond to protect themselves from future claims. If the property is in Maharashtra, you can also register a deed of confirmation stating that the transfer is in accordance with your father’s nomination and your brother has no objection. To avoid any disputes in the future, make sure the NOC from your brother is properly drafted on stamp paper and notarized. If he is willing, you can also get a registered relinquishment deed stating that he has no claim to the property. If all these steps are properly followed, there should be no legal hurdles in selling the flat. Let me know if you need help drafting any legal documents.

Advocate Rohan Venkatesh Yemul LawRato

672 votes

Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.

Advocate Ajinkya Sanjay Gosavi LawRato