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No Objection Certificate of Co-heirs

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Also called

  • NOC from Legal Heirs
  • Co-heirs No Objection Certificate
  • Legal Heirs' Consent Letter
  • NOC for Transmission of Shares
  • NOC for Society Share Transfer
  • NOC for Mutation / Khata Transfer
  • Consent Affidavit of Legal Heirs
  • Waris NOC

When you need it

An NOC naming every heir, stating whether they consent to the RECORD changing or shares passing too — conflating the two lands families in court. Not a conveyance: transfer needs a registered relinquishment deed. Not if: a non-signing heir is unnamed; a minor's share is involved (s.8, Hindu Minority and Guardianship Act, 1956); the estate is disputed; probate is unobtained; or you want this itself to transfer ownership.

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

Consenting only to a record change transfers nothing — no duty; use affidavit/e-stamp paper at nominal value (~₹20-500). But substance controls: wording that in fact releases a share is a Release (Art. 55 or the state's equivalent) — e.g. Maharashtra ₹200 flat, Tamil Nadu 1% capped at ₹25,000. Under-stamped instruments are impounded (s.33), penalty up to ten times.

Registration

A pure no-objection is not compulsorily registrable — creates no right. But wording that in substance declares or extinguishes a right worth ₹100+ triggers s.17(1)(b); unregistered is inadmissible (s.49). Kale v. DDC, (1976) 3 SCC 119: recording escapes registration, creating rights does not. Register within four months (s.23); four more on penalty (s.25).

Notarisation

Not required for validity, but banks and revenue offices routinely insist on a sworn affidavit before a Notary. An heir abroad swears before an Indian consular officer or notarises with apostille; instruments executed abroad are stamped here within 3 months (s.18). Never substitutes for registration.

Witnesses

No statutory requirement, but sign before two — addressees usually insist. Record each witness's name, parentage, address, ID; never the Beneficiary (s.67, Indian Succession Act voids that gift). A will relied on needs its own two witnesses (s.63) — distinct from s.67. A later registered relinquishment or gift needs two witnesses (s.123); the sub-registrar separately wants identifying witnesses with photos.

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Sample preview — placeholder answers, not your data

NO OBJECTION CERTIFICATE OF CO-HEIRS

Executed at Mohali on 1 April 2026.

To
The Secretary, Shantiniketan Co-operative Housing Society Ltd.
Plot 14, Phase 8, Mohali 140308
(the "Addressee")

1. WHAT THIS CERTIFICATE IS

1.1 This is a no objection certificate. It records the consent of the surviving heirs named in it. It is not a conveyance, a sale, a gift, a release, a relinquishment, a partition, a will, a succession certificate, a legal heirship certificate, probate or letters of administration, and it is not a substitute for any of them.

1.2 A succession certificate under section 372 of the Indian Succession Act, 1925 covers debts and securities only. It does not establish title to immovable property. Nothing in this certificate is a succession certificate or does the work of one.

2. THE DECEASED

2.1 Name: Ramesh Kumar Sharma

2.2 Last residence: Flat 402, Shantiniketan CHS Ltd., Phase 8, Mohali 140308

2.3 Died on 2 April 2026 at Mohali, Punjab (the "Deceased").

2.4 Death certificate: No. D-2025/114872 issued by the Municipal Corporation of SAS Nagar (Mohali) on 18 November 2025. A copy is annexed.

2.5 Succession to the estate of the Deceased is governed by Hindu law, the Deceased having been a Hindu, Buddhist, Jain or Sikh.

2.6 Basis of succession: Intestate succession — the Deceased left no will known to the Heirs.

2.7 The will of the Deceased, and any grant of probate or letters of administration in respect of it: Will dated 2 April 2021, registered at the office of the Sub-Registrar, Mohali, as document no. 3312/2021; the original is held by the widow. No probate or letters of administration have been applied for.

Where a will is recited in clause 2.7, this certificate is given subject to that will and to any such grant, and clause 2.6 is to be read accordingly.

2.8 Probate and letters of administration. Where the Deceased left a will, whether a grant of probate or of letters of administration with the will annexed must be obtained before any right as executor or legatee under that will can be established in a court in India is governed by section 213 read with section 57 of the Indian Succession Act, 1925, and turns on the law stated in clause 2.5. The four positions are:

(a) Where the Deceased was a Hindu, Buddhist, Sikh or Jain — section 213(1) applies only to a will of the classes described in section 57(a) and (b): a will made within the territories which at the commencement of the Act were subject to the Lieutenant-Governor of Bengal, or within the local limits of the ordinary original civil jurisdiction of the High Courts at Madras and Bombay; and a will made outside those territories and limits, so far as it relates to immovable property situate within them. The Bengal territories are not confined to Calcutta or to its original side, so a will made in the mofussil of that region can fall within section 213(1). A will outside those classes falls under section 57(c) and is outside section 213 altogether.

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