Legal Guide

Relevancy of No Objection Certificate for Property Transfer 

by Mansi Gehrana · 3 min read

No objection certificate for property transfer

Introduction

Saying you have no objections to anything means you don’t find it upsetting or irritating. Legal confirmation of this adage comes from the No Objection Certificate for property transfer. An affidavit and a no-objection certificate for property transfer from other legal heirs are two documents required.

What is a no-objection certificate for property transfer?

A letter of authority (NOC) is a legal document that gives someone or company permission to buy or construct a property. Before building an apartment, a bungalow, or any other structure, applicants must get a No Objection Certificate from the relevant government agencies. A No Objection Certificate for property transfer is a required document that, if not obtained, will place the property in peril. For various sorts of property transfers, different No Objection Certificates from various authorities are required.

No-objection certificates are official papers that may be necessary to carry out a number of tasks. However, the need for a No objection certificate for property transfers is critical. To start a housing project, builders need a large number of No objection certificates, sellers need NOCs to sell their property, and homebuyers can need certain No objection certificates for property transfer to finish their purchases. This is the reason why everybody taking part in the sale or purchase of real estate must have a complete comprehension of this important agreement.

Applicability of Section 21 of the Registration Act, 1908?

A No objection certificate for property transfer or land under Section 21 of the Registration Act of 1908 is required to be obtained from the authorities. It is necessary to submit an application for a land transfer NOC, along with the necessary paperwork and fees, to the relevant Circle Office in order to transfer land or property. The No objection certificate for property transfer will be issued by the deputy commissioner. The applicant may move on with property registration and modification after acquiring the NOC for the land.

Section 21 of the Registration Act of 1908 specifies the rules for describing real estate and maps or plans. Although the word “No Objection Certificate for property transfer” is not specifically mentioned in the law, it stipulates the requirement for a non-testamentary document with the following components at the time of registration of real estate:

  1. Describe the property in enough detail to allow for identification.
  2. Previous & current occupants of the property.
  3. Townhouses must be described as follows:
  • The direction that the house faces.
  • The number of the residence or the street or road where they are situated.
  • Name of the property or residence where they are located.
  • A non-testamentary document that includes a map or plan of any property must also include an accurate copy of the map or plan for registration purposes.

What is the use of a No objection certificate for property transfer?

For a number of reasons, a No Objection Certificate may be issued. Some of the common reasons for which someone could be asked to grant or get a NOC are listed below.

  • For training/education (by an employee or student).
  • For immigration or a visa.
  • For reasons connected to banking.
  • A document that an employer issues to an employee to permit them to work in a different department, perform a different shift, or alter the terms of their contract.
  • For a property’s remodeling or reconstruction. 

The following benefits come from a No objection certificate for property transfer:

  • Take the lien off your home.
  • Boost your credit rating.
  • Take out a new loan.
  • Sell the house you own.
  • Obtain any insurance claims.

What is the purpose of obtaining a No objection certificate for property transfer?

When buying land or other immovable property, a person must get authorization from the appropriate authority and register the transaction in order to prove that they have a legitimate ownership claim. This is known as land or property transfer. According to Section 21 of the Registration Act of 1908, in order to transfer land or property, a No objection certificate for transfer of property must be obtained from the authority.

The method includes requesting a Certificate from the Circle Officer and submitting the application to the Deputy Commissioner’s Office. The Deputy Commissioner will issue the No objection certificate. The applicant may move on with registration and then land mutation after acquiring the No objection certificate for property transfer.

What are the documents required for obtaining a No objection certificate for property transfer?

The below-mentioned documents are required for obtaining a No objection certificate for property transfer-

  • Court Fees.
  • A photograph of the Buyer and the Seller.
  • Acknowledgment of consideration If the value of the flat area and the distribution of the land are both flat.
  • Current Income Tax Receipt (khajana Rashid).
  • Citizenship of the buyer (certified copy of a passport or voter list, etc.).
  • Buyer and Seller affidavits or power of attorney holders
  • Both the Buyer and the Seller must present photo identification.
  • Copy of Power of Attorney (if the Seller is an Attorney Holder).
  • Affidavit in support of POA Holder to be submitted by Pattadar.
  • In the case of a flat, co-partner authority or NOC.
  • In the event of a flat, GMC/GMDA/Municipality/Town Committee receipt or occupancy certificate.
  • Card PAN/TAN.

Conclusion

When the individual whose name the property is registered passes away, legal heirs must understand how to acquire ownership of the property. If there is a will, the process is straightforward. And in the case of a gift, it is always advised to get the gift deed registered in favor of the donee. 

In the case of a will, the legal heirs may also challenge the will if the property was inherited rather than self-acquired. However, the rule of succession applies if there is no will. A No objection certificate for property transfer must be presented in favor of relatives who are also legal heirs, declaring that the legal heir wishes to renounce his or her claim to a property piece.

To know more about the process of getting a NOC for property transfer take the help of a Property Lawyer here to smoothly complete the process of transfer.

Mansi Gehrana

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Mansi Gehrana

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