Is NOC necessary for selling a property?
PremiumA separate NOC from the high court will not be required considering the fact that Probate has already been granted in respect of a Will
Is NOC (no objection certificate) from a high court required for the sale of property for which probate order is passed on the basis of the Will of the deceased?
In my case the flat is bequeathed to me by my mother’s Will absolutely in my favour for which I have obtained probate order from the Bombay High Court. The flat is on the MHADA land for which conveyance is not received yet.
Now, MHADA is insisting to get NOC from the Bombay High Court for it to issue me an NOC for sale as it is through a probated Will. Your opinion is highly appreciated.
—Jagdish Shah
When a probate is granted by a court in India, it implies that the Will of the deceased for which the probate is granted is genuine and valid under law. Further, the Will is valid and operates in rem.
In Suryakant Vitthal Raut Vs. Maharashtra Housing and Area Development Authority & Ors (Writ Petition No. 2010 of 2019), MHADA issued a conditional allotment letter to the legal heir of the deceased for want of obtaining Probate and was rapped by the Bombay High Court for the same.
As per the order dated 17 December 2021, on the basis of a simple indemnity, MHADA finally gave possession of the flat to the legal heir of the original allottee after redevelopment.
Based on the limited facts and information provided in your query, we understand that the flat is situated in a building constructed on the MHADA land and is not a MHADA flat. Further, the flat is bequeathed in your favour under your mother’s Will and for which a probate is already granted by the Bombay High Court. Normally, you will be required to comply with the procedure prescribed in the initial allotment letter by MHADA.
A separate NOC from the high court will not be required considering the fact that Probate has already been granted in respect of your mother’s Will. At best, a deed of indemnity may be provided to MHADA.
Aradhana Bhansali is partner, Rajani Associates.
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