Plot Sale - NOC from spouse

happygolucky · Post by **happygolucky** » Wed Feb 11, 2015 4:54 am

I am in the process of selling a plot that I purchased a while back.
The buyer is insisting that he needs an NOC from my wife. Is this normal?
I have never heard of such NOC from spouse. The bought the property entirely with my money and it is registered in my name.
There is no mention of my wife's name in any documents. So why is my wife's NOC required?

dbs · Post by **dbs** » Wed Feb 11, 2015 10:02 am

In India, it is not required.
I know of a case last month where the wife sold a flat and the husband was not reuired or needed to sign any thing.

hermes · Post by **hermes** » Wed Feb 11, 2015 3:14 pm

If your wife cant give NOC you can add her as a witness (signature) in sale agreement and if possible during sale registration. Even though you paid for it you may not have specified it in the sale deed, when you had bought it.

dbs · Post by **dbs** » Wed Feb 11, 2015 5:27 pm

hermes;593963If your wife cant give NOC you can add her as a witness (signature) in sale agreement and if possible during sale registration. Even though you paid for it you may not have specified it in the sale deed, when you had bought it.

If the wife does not want to give NOC, it may be difficult to get her signature in the agreement.

hermes · Post by **hermes** » Wed Feb 11, 2015 6:37 pm

dbs;593987If the wife does not want to give NOC, it may be difficult to get her signature in the agreement.

Unless the sale deed clearly says that he bought the property with own money and efforts its difficult without NOC from wife. If he is US NRI then its more difficult as the laws are favorable to women.

http://www.business-standard.com/article/pf/disputed-property-title-could-block-your-ownership-112121000147_1.html

A self-acquired property (earned by own efforts) belongs only to the sole owner and nobody can exercise any right on it, except for his divorced or separated wife and children. Hariani says sale of a property jointly held by husband and the wife requires both to consent. If the property is only in the name of the husband, the wife's signature is usually not obtained.
“But in case of a dispute, the wife can claim right of residence in the matrimonial home. Here, even if the husband-wife relationship is not known, ask for the wife's consent. In fact, ask for consent of all persons residing in the apartment,” he advises.

r2iwip · Post by **r2iwip** » Wed Feb 11, 2015 6:50 pm

To be on the safe-side, buyers ask for the NOC to make sure that they will not get into any litigation/legal claim on the property from the spouse (even though their name is not there on the deed).

TraderJoe1976 · Post by **TraderJoe1976** » Wed Feb 11, 2015 7:55 pm

The buyer is smart. He is just trying to avoid any potential legal problems later on in case he purchases the property from you and then your wife tries to exercise her rights to the property. Even if you purchased the property in your name only with your own money, your wife still has legal rights to the property and the buyer wants to avoid any problems.

nova2blr · Post by **nova2blr** » Wed Feb 11, 2015 9:08 pm

TraderJoe1976;594009The buyer is smart. He is just trying to avoid any potential legal problems later on in case he purchases the property from you and then your wife tries to exercise her rights to the property. Even if you purchased the property in your name only with your own money, your wife still has legal rights to the property and the buyer wants to avoid any problems.

Good point. The buyer is definitely forward thinking and want to avoid any litigations in the future...from seller's wife (he may want to add the sellers' children too) as there have been instances that I have heard where one of the family member sells the property, collects money and down the road, the spouse and/or his/her legal heirs file a petition stating that the seller had no right to sell showcasing a 'old' dated GPA and/or even using medical reasons (Seller had medical conditions that prevented him to think through fully etc). A smart buyer I would say.

Veekay · Post by **Veekay** » Thu Feb 12, 2015 10:20 am

nova2blr;594023Good point. The buyer is definitely forward thinking and want to avoid any litigations in the future...from seller's wife (he may want to add the sellers' children too) as there have been instances that I have heard where one of the family member sells the property, collects money and down the road, the spouse and/or his/her legal heirs file a petition stating that the seller had no right to sell showcasing a 'old' dated GPA and/or even using medical reasons (Seller had medical conditions that prevented him to think through fully etc). A smart buyer I would say.

I don't know if he's a smart buyer, but for sure a crappy one. The one I don't want to sell my property to. But then to the OP, this may be the only buyer he has. The other reason is that the buyer is trying to negotiate more.

To whoever requesting NOC, do they think that NOC cannot be contested. The wife or anyone for that matter can sign a NoC and contest it later on various legal grounds a couple of them has been quoted above. They can also contest that the NoC was obtained under false pretenses.

If the buyer wants to be sure, he can approach the courts to provide him with a decree that the land belongs only to him after the purchase.

To OP, I would say move on to some other buyer.