Legal Question in Family Law in India

Re: no-objection declaration.

You can execute a document titled as Declaratory Affidavit expressing your interest / intention to relinquish your title on movable / immovable assets left behind by your deceased father and let it be sworn to by the executants before the Consulate General, Indian Embassy in USA. The same can be couriered to India and later it can be acted upon subject to payment of stamp duty in India as per the laws prevailing at the particular State.

Re: no-objection declaration.

you both have to make an affidavit stating that you want your mother to inherit the property. also state the you have no objection to this inheritence. it can be sworn before the indian ambassador or his nominee.

Re: no-objection declaration.

From the query posted it appears that you and your brother wanted to relinquish your respective rights in favour of your mother. However, it is not clear as to the form of assets either movable or immovable. If it is movable assets it is just and sufficient if you could issue a letter in favour of your mother that you have no objection for transfer of such movable assets which you have inherited as legal heir to your father. This letter has to be notarised at the place/station of signing and to be forwarded to your mother in India and this does not require any stamp duty. However, if the assets you have mentioned includes both movable and immovable assets of your father inherited by yourself and your brother and your mother in which case the no objection letter as stated by you will not be sufficient under the laws in India and to serve your object I wish to suggest that you three the legal heirs of your father enter into a Family Arrangement by which you and your brother may release your respective rights in favour of your mother of all assets either movable or immovable and this document of Family Arrangement does not require any registration nor attracts stamp duty. All has to be done is to enter into an arrangement and if it is signed at different places/stations of the person signing then in such case it has to be notarised at the place/station of signing. This document will create an absoloute right on your mother to deal with the assets as mentioned by you.

Re: no-objection declaration.

Going through your enquiry it appears that you are Indian citizens studying abroad and willing to relinquish all immovable and movable property in favour of your mother. As the case suggests that both movable and immovable properties are to be taken into account, then a No Objection certificate is to be issued by you. This may be typed out in plain paper and duly notarized at the Consulate General, Indian Embassy. When the same is received by your mother in India, she can duly get it stamped in the office of the Collector of Stamps/ Deputy Commissioner in accordance with the prevalent state Stamp Fee structures. After the completion of the said procedure, the document would be sound in law and your mother can claim her title over the concerned properties.

Re: no-objection declaration.

You can send typed letter attested by notary public in US or you can go to nearest Indian consulate office and get your letter attested, you will have to pay fees for that. when your family will get your notorized letter they will have to take that to Commissioner's office and pay about rupees 100 stamp duty and then that document will be of same legal status as of any indian NOC document.

Re: no-objection declaration.

You can get the document typed on regular paper, execute (sign) before the Indian Consulate/embassy and then mail it to India. US notary is not valid as per Indian Law. Once it comes here, Indian Stamps can be legally applied to it, after tendering it to the concerned Stamp Office in whose area you want to use the document, after payment of approproiate, fees. This stamping should be done within 80 days from the date, document arrives in India. Which varies from Rs.10 to 100 depending upon in which state you lodge it.

Re: no-objection declaration.

In case of Immoveable properties - Lease Hold one will have to send Relinquishment Deed. In case of Moveable and Free Hold Immoveable, one has to write No Objection. In both cases, be it may Relinquishment Deed or No Objection, it may be on a simple plain legal size legal paper (easily available from any stationery shop), get the same notarized from any notary in US or Indian consulate in US. Your mother, after receipt, has to get the same then stamped from Office of the Collector of Stamps/Dy Commissioner Office with in 30 days of its receipt in India. After stamping, the document can be given to any authority in India for the transfer in favour of your mother.

Warm Regards,

V Bhushan Arya