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LLegally, since it’s self earned property, NOC is not needed. But some buyers ask for it as they don’t want any headache later.
My parents sold their self earned property and the buyer asked for mine and my siblings NOC. Just for safety although it was not required at all.
LGet in touch with lawyer, as soon as you receive call from police station, abscond and apply for anticipatory bail. Avoid house or office until then.LThe 50L tds limit is for resident only.
TDS (used to be 20%)need to be deducted for NRI irrespective of the sale amount. Please check on this
If not you will have to pay penaltyLFirst step would be a draft a response to the legal notice with all the details you have and respond.Based on your response they will decide if they have a valid case worth pursuing or not.
LEven if he files a FIR, it’s your insurance company headache to pay compensation and not yours. They are responsible since you have 3rd party. That’s the reason you pay premium.Nothing to worry even if he goes to hospital. Worst thing is you will lose the NCB
LGift deed is better as transfer is between 2 living people in front of the sub registrar. So it will hold solid in court.Property got through will is transfer between a dead person and a living person. (Transfer happens after the death of the person). So since the dead cannot talk others can create problems. However if the will is registered then it will hold in court.
Most of the times if property came through will, the buyer might ask NOC from other legal heirs just so they don’t create problems later.
So gift deed is far better than a will. If you can, you can get a NOC from the other legal heirs just for your safety but not needed.
LGift deed is better as transfer is between 2 living people in front of the sub registrar. So it will hold solid in court.Property got through will is transfer between a dead person and a living person. (Transfer happens after the death of the person). So since the dead cannot talk others can create problems. However if the will is registered then it will hold in court.
Most of the times if property came through will, the buyer might ask NOC from other legal heirs just so they don’t create problems later.
So gift deed is far better than a will. If you can, you can get a NOC from the other legal heirs just for your safety but not needed.
LOnce a gift deed is executed, the receiver of gift become owner. So the will become void as the doner no longer owns the property and hence cannot will it.It doesn’t become second level of security. Actual security is when the legal heirs (atleast the potential trouble makers) also sign as witnesses on the gift deed stating they have no objection.
LOnly a court order can stop the construction. Why is he objecting. If he thinks encroachment or building not following byelaws, then he needs to get a stay from court.LOne needs succession certificate from court OR your mother’s will AND Death certificate to transfer property. The property is then transferred to the legal heirs as per the above documents.Your uncle cannot get it transferred to his name just by death certificate.
If it’s a court case, ask him the CNR number of the case and look it up online if your mother was listed as a party.
Also, what is sutha kiriyam? Is it like GPA?
