Apni Law Staff asked 1 year ago
My mother wants to sell our family flat. My father passed away 18 years ago due to a heart attack, and the flat was in his name. After his passing, it was transferred to my mother’s name without any specific wish from him about ownership. We are three siblings – an elder brother, an elder sister, and myself. I understand that we all need to provide a No Objection Certificate (NOC) for the sale of the flat. What happens if one of us refuses to give the NOC? Can the flat still be sold? If yes, what legal steps need to be taken?
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, a co-owner can’t prevent the sale of a property. If one sibling refuses an NOC, the others can file a partition suit to divide the property, including the share of the dissenting sibling. After partition, the mother can sell her share of the property.
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