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
(a) __________, __________, resident of __________, consenting as __________.
We are referred to in this deed as "we", "us" and "the Consenting Parties". Each of us is bound by this deed individually as well as together with the others.
2. The Transferor — __________, __________, resident of __________.
3. The Transferee — __________, of __________. The Transferee is not required to sign this deed but is the person to whom our consent is given and is entitled to rely on it, as is any bank or financial institution funding the transaction.
Background
A. This deed concerns the immovable property situated at __________, in __________, described in full in the Schedule at the end of this deed and called "the Property".
B. The Property came to be held as follows: __________
C. The Transferor proposes to effect a transaction in respect of the Property in favour of the Transferee, namely a __________, for a consideration or declared value of __________. That proposed transaction is called "the Transaction" in this deed.
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.
3. The basis on which each of us consents.
__________
4. Everyone with a claim is named.
The persons named in clause 1, together with the Transferor, are all the persons who hold or may claim any interest in the Property. There is no other co-owner, co-sharer, coparcener, heir, legatee, family member, nominee or claimant whose consent is required for the Transaction, and no one has been left out.
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.
8. The consideration belongs to the Transferor.
The whole of the consideration for the Transaction — whether it is money, or built-up area, flats or other benefits under a development agreement — is payable to and may be received by the Transferor. Apart from what is stated in this clause, none of us has any claim to any part of the consideration, and the Transferee is not required to see to the application of any part of it. This clause does not apply to any of us who is conveying a defined share of our own as part of the Transaction: the price for that share is a matter for the transfer document and must be recorded there. Nor does this clause govern how any area, flats or units coming back to the family or to the Transferor under a development agreement are to be divided among us, which is left to that agreement and to any separate arrangement between us.
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.
11. The record of the Property, and the change of record after the Transaction.
None of us will object to the recording of the Transaction in the record of the Property, and each of us will sign whatever the officer maintaining that record asks us to sign. __________
12. No splitting of the Property into floors or separate units.
Nothing in this deed and nothing in the Transaction is intended to divide, fragment, bifurcate or apartmentalise the Property, or to create separate floor-wise ownership in it, and none of us will apply for that or support an application by anyone else for it.
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.
15. How this deed is executed.
Each of us signs this deed personally, in the presence of two witnesses, who sign in our presence.
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.
17. Governing law and jurisdiction.
This deed is governed by the laws of India, including the Indian Stamp Act, 1899 and the Registration Act, 1908 as they apply in __________. The courts within whose local limits the Property is situated have exclusive jurisdiction over any dispute arising out of this deed.
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
All that immovable property situated at __________, in __________, more particularly described as follows:
__________
Signatures
Signed by the Consenting Parties, each having read and understood this deed:
(a) _______________________________
__________ — __________
__________
__________
PAN / Aadhaar (last 4 digits): _____________________________
Mobile: _____________________________
Acknowledged and accepted by the Transferor:
_______________________________
__________
__________
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: _______________________________