NO OBJECTION CERTIFICATE AND DEED OF CONSENT (RAZA NAMA)
Consent of the co-owners, co-sharers and coparceners to the transaction described below
Executed at __________ on __________.
Parties
1. The Consenting Parties
Background
D. The Transferee has asked for the written consent of every person who holds or may claim an interest in the Property, so that the Transferee takes clear and marketable title and so that the change of record following the Transaction is not objected to. We are giving that consent by this deed.
Operative clauses
1. We consent, and we have no objection.
Each of us gives free, informed and unconditional consent to the Transaction, and confirms that we have no objection whatsoever to the Transferor completing it. That includes signing and registering the sale deed (bainama) or other transfer document before the Sub-Registrar, receiving the consideration, and giving effect to the Transaction according to its terms, including any delivery of possession (kabza) for which the Transaction itself provides.
2. We know what we are consenting to.
Before signing, each of us has seen or had explained to us the terms of the Transaction, including the consideration and the identity of the Transferee. Where any of us does not read English, this deed has been read over and explained in Punjabi or Hindi, in a language that person understands. Each of us is of full age and sound mind and is competent to give this consent. No one has coerced, misled, pressured or hurried any of us into signing.
5. We will join the transfer document if we are asked to.
If the Transferee, the Transferee's advocate, the Sub-Registrar, the Circle Revenue Officer, the Estate Officer or any bank or authority requires it, each of us will sign the sale deed or other transfer document as a Confirming Party, appear in person before the Sub-Registrar for the registry, give photographs, Aadhaar, PAN and biometrics, attend the attestation of the mutation before the Revenue Officer, and sign any further paper reasonably needed to complete the Transaction and the change of record that follows it. We will do this at the Transferor's cost, within a reasonable time of being asked, and without demanding any fee or payment for the act of signing, appearing or attesting — which is separate from, and does not affect, the price payable to any of us for a share of our own that is being conveyed.
6. This deed does not transfer anything.
This deed is a consent and a no objection, and nothing more. It does not sell, gift, release, relinquish, surrender, assign or in any other way transfer any share, right, title or interest in the Property to the Transferor, the Transferee or anyone else, and it must not be read or stamped as if it did. Any share or interest that has to move will move only under the registered transfer document.
7. We give up our preferential rights.
Each of us gives up, in favour of the Transferee, and undertakes not to exercise against the Transferee or anyone claiming through the Transferee:
(a) the preferential right of an heir to acquire the interest of another heir under section 22 of the Hindu Succession Act, 1956, so far as that section applies to the Property; and
(b) the right of a member of an undivided family to buy out a transferee of a share in a dwelling house under section 4 of the Partition Act, 1893.
9. Possession, and no obstruction.
None of us is in adverse possession of the Property or any part of it. __________ We will not file or support any suit, caveat, injunction application, police complaint, objection before the Sub-Registrar, or objection at the attestation of the mutation or before the Estate Officer, aimed at stopping or unsettling the Transaction.
10. No existing claim, dispute or encumbrance from our side.
So far as each of us is aware, the Property is not the subject of any pending suit, partition proceeding, arbitration, family arrangement, will, prior agreement, mortgage, charge, lien or attachment created or claimed by any of us. None of us has created any encumbrance on the Property or on our interest in it, and none of us has given any prior consent, agreement or assurance to any other person in respect of the Property.
13. Our consent is irrevocable.
Our consent is irrevocable and cannot be withdrawn. It is given in consideration of the Transferee agreeing to proceed with the Transaction in reliance on it. It binds each of us and our heirs, legal representatives, executors, administrators and assigns, and it may be relied upon by the Transferor, the Transferee, their successors, any bank financing the Transaction, and any revenue, estate, municipal or registration authority.
14. Indemnity.
If any of us breaks this deed, or if any claim to the Property is raised by any of us or by anyone claiming through any of us, we will make good to the Transferor and to the Transferee every loss, cost, damage and expense caused by it, including reasonable legal costs and the cost of defending any proceeding. Each of us is liable under this clause only for our own breach of this deed and for a claim raised by us or by anyone claiming through us, and not for the breach or the claim of any other Consenting Party.
16. Notices.
Any notice under this deed must be in writing and delivered by hand against written acknowledgement, by registered post with acknowledgement due, or by reputed courier, to the address of the intended recipient recorded in this deed. A notice takes effect on actual delivery, or on the seventh day after posting, whichever is earlier. A party who changes address must tell the others in writing.
18. Separate originals.
This deed may be signed in separate but identical originals, including by parties in different places. Each signed original is an original of this deed, and together they constitute one and the same deed. Every such original must carry the complete signature and witness pages set out below, signed and witnessed in full, and every Consenting Party must initial each page of the original they sign, including the Schedule.
19. This is the whole of our consent.
Nothing said, promised or assured before this deed, and nothing outside it, changes what is recorded here. Any change to this deed must be in writing and signed by all of us.
SCHEDULE — the Property
Signatures
Signed by the Consenting Parties, each having read and understood this deed:
Acknowledged by the Transferee (optional — the Transferee is not required to sign):
Witnesses
Each witness confirms that the Consenting Parties signed this deed in the witness's presence. Where this deed is registered in the Union Territory of Chandigarh, the first witness must qualify under paragraph 127 of the Punjab Registration Manual.
Witness 1
Signature: _______________________________
Name: _______________________________
S/o, D/o or W/o: _______________________________
Address: _______________________________
Mobile / ID: _______________________________
Witness 2
Signature: _______________________________
Name: _______________________________
S/o, D/o or W/o: _______________________________
Address: _______________________________
Mobile / ID: _______________________________