515. What is a Relinquish deed and

NOC for property transfer in India

Question: Hi, 1. I have taken up Australian citizenship with oci. Can my father who acquired a property transfer on my name? If it's through gift, do i need NOC from siblings? What is relinquish deed? Does it also need NOC? What are the cost involved? 2. He says he has already willed his property under my name in court with a witness. Not sure how effective this could be - can this be challenged? 3. Can I acquire more than one property on my name in Delhi? if not can i acquire like one property in delhi on my name, one outside delhi like gurgaon, noida, ghaziabad on my name? Please respond to it asap. Thanks Rishiraj Answer: Regarding your questions: 1. Relinquishment deed is a legal document where a person gives up or releases his legal rights of the property in favor of some other person. Where as NOC stands for ‘no objection certificate’ that certifies for instance that the person signing the NOC does not have any objection to the property being transferred in your name. Your father can transfer property he legally owns to you or anyone else he wishes to do so. NOC from siblings is beneficial in case there is a dispute at a later stage where siblings claim a share and dispute the transfer of their fathers property. Claims such as property transfer was done due to coercion or misrepresentation are not uncommon. Furthermore, in case your father also inherited the property from his ancestors, then he may not be able to transfer it to you without getting NOCs from all siblings and perhaps other relatives who may have an interest in the property. Getting NOC from siblings, would to some extent avoid problems later. The cost of getting a NOC drafted would depend on the person drafting the NOC. You should get this done by a lawyer who handles property matters. People advertise drafting NOCs for as low as Rupees 500 but you need a good lawyer and they probably are not the cheapest! 2. Whether your fathers will is going to be challenged, nobody can forecast. It would depend on your relatives if they wish to contest. Just about anything can be challenged in courts these days. Hopefully your fathers will is registered, as registration does help. Even though registration is not compulsory when it comes to making a will in India, it will help in case the will is challenged when the person who made the will is not there to defend it. When a will is registered it Infers that the person who made the will and the witnesses who signed the will have in fact appeared before the registering officers who after verifying their identities have attested the will. There is no restriction on OCI holders acquiring any number of properties in India. So you can acquire any number of properties in your name in Delhi or in Gurgaon, Noida or Ghaziabad. Note: A word of advice to all readers, always consult a lawyer before taking any steps when it comes to wills and property matters. Seeking professional help and guidance may be cheaper in the long run. In case you are wondering, I don’t recommend any particular lawyer in India, so you will have to do your homework before hiring one.