Can I challenge a fraudulent NOC for property ownership?

Advocate A M Iktear Uddin (anik) Answered: 05 Nov 2024

In your case, since your elder brother fraudulently obtained your mother's signature on a No Objection Certificate (NOC) in 2008 to transfer the shop into his name, you can challenge the validity of that NOC. Although the NOC is notarized, it is unregistered, which may weaken its legal standing. You and your siblings can file a suit in civil court to contest the transfer based on fraud and lack of consent from all legal heirs. The fact that you recently discovered this fraudulent action strengthens your case. You may seek a declaration to nullify the transfer and restore ownership of the property to your mother’s estate. Consulting with a legal professional will provide tailored guidance and help you navigate the process effectively.

Advocate Ayantika Mondal Answered: 05 Nov 2024

Yes, you can challenge a fraudulent No Objection Certificate (NOC) for property ownership: Verify the NOC, Check that the NOC was issued by a legitimate authority, such as the Municipal Council, Housing Board, or Regional Development Authority. You can also verify the NOC directly with the issuing authority, consult a legal expert, check for pending violations or disputes, check the sanctioned building plan, check the possession letter and share certificate, check the bill payment record, check the debt status.

Advocate By LEAD INDIA Answered: 04 Nov 2024

Sir, firstly you should gather evidence regarding fraudulent signature if possible and then you can also file a suit for declaration by stating that NOC is invalid due to fraud. It is advised to consult an expert lawyer who will assist you in understanding your rights and obligations. For further legal assistance contact us on our helpline number.