Maharashtra makes NOC from co-owners of joint property mandatory for sale

MUMBAI: The Maharashtra government has tightened land registration rules to prevent the sale of jointly held land without other co-owners’ knowledge or consent

MUMBAI: The Maharashtra government has tightened land registration rules to prevent the sale of jointly held land without other co-owners’ knowledge or consent. Under the new procedure, sellers must submit co-owners’ consent or no-objection certificates (NOCs) to register sale deeds involving land recorded under a common property card or 7/12 extract.

The Maharashtra government has tightened land registration rules to prevent the sale of jointly held land without other co-owners’ knowledge or consent (Photo for representational purposes only) (Unsplash)

A government circular issued by the state revenue department on October 19 now forbids sub-registrars to register sales deeds without the required documents. “The written consent of co-owners of jointly held properties must be obtained and made part of the document submitted for registration. If the written consent of the co-owners is not attached to the document, it will not be registered,” the circular states.

However, if a co-owner attaches a measurement map of their part of the property, consent from other co-owners will not be mandatory. “If a co-owner of land recorded in joint names in the 7/12 extract (property card) intends to sell their share, and the seller attaches a copy of the measurement map obtained from the land records department showing the portion to be sold, the sub-registrar shall register the document without insisting on the written consent or NOC of the other co-owners recorded in the 7/12 extract,” the circular says.

Section 44 of the Transfer of Property Act, 1882 permits a co-owner to transfer their own share without the consent of other co-owners, which has led to a rise in disputes and court petitions over the sale of jointly held land.

Circular aims to curb unauthorised property transactions, protect ownership rights and prevent land disputes

The circular was brought out to solve the issue of the growing number of complaints and cases against registration offices for registering such transactions and causing hardship to affected parties. It aims to curb unauthorised transactions, protect ownership rights and prevent financial losses and land disputes.

“The revised procedure was intended to reduce litigation and prevent disputes among co-owners arising from land transactions conducted without their knowledge,” said a senior revenue official.