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Last Updated On 20-Jul-2024
Registration

NOC from legal heirs Sub-register will accept Affidavit with Notary Public Sign

Father gave Settlement deed (registered without any condition) to his son and later (after 20 days) he revoked settlement deed by registering at Sub-register office. I am the 3rd person who bought this property. 3 sale deed happened on that property. when i decided to sale, current sub-register asked us to get NOC from Father Legal Heirs. We got legal heirs signature in 50rs stamp paper and got Notary signature with witness signature . whether sub-register will accept this affidavit? If yes with this affidavit can i go for sale deed registration with stamp and seal of sub-register to make it as a record?.

( Ariyalur, Tamil Nadu )

19-Jul-2024

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A.
Dear Client,
A family settlement deed once executed and signed by all the parties can never be revoked or canceled unilaterally. and a registered deed can be canceled by the Court's order only. In the absence of any Court's order canceling the settlement deed, the same is still in force. Accordingly, the son being the legal heir of the settlor father has transferred the title of the said property to others. Mere signatures of legal heirs and witnesses on stamp paper might not be considered as an Affidavit in the absence of any declaration in the form of NOC as required by the Sub-Registrar. So, its acceptance of admission solely depends upon the discretion of the Sub-Registrar.
Posted On 20-Jul-2024
S. K. Dutta Advocate S. K. Dutta
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A.
Dear Client,
As the father has revoked the settlement deed, it is crucial to check the validity of the revocation. As because a deed can only be revoked unilaterally, when there exist a specific clause in the deed regarding the revocation. Thereafter, as you have already arranged the signatures of the legal heirs and got notarized, there are chances that your affidavit might get accepted by the sub-register, however, the sub-register might demand additional documents. Once the sub-register accepts the affidavit, you can proceed with the sale deed registration to make it as a legal record. We hope that our response is helpful to you.
Posted On 19-Jul-2024
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