Q1: We want to sell flat with NOC………………………
Sir My Dad kept me and my mom as nominee in one flat and he died, I have brother also, but he stays in another city. Now society transferred Share certificate on our name ( me & mom ). Now we are selling that flat with NOC from my brother. we are the only legal heirs. will there be any issue ?

Advocate Rohan Venkatesh Yemul answered
Since the society has already transferred the share certificate in your and your mother’s name and your brother has given NOC, you should not face any major legal issues while selling the flat. However, keep in mind the following points to ensure a smooth transaction:If your father’s flat was self-acquired and not ancestral, and he nominated you and your mother, the nomination only allows the society to transfer the share certificate, but it does not grant absolute ownership. Legal heirs still have a right to claim their share. Since your brother has given NOC, it means he is not contesting the ownership, which strengthens your position.Before selling, ensure that you have a succession certificate or legal heir certificate if required by the buyer. Some buyers insist on an indemnity bond to protect themselves from future claims. If the property is in Maharashtra, you can also register a deed of confirmation stating that the transfer is in accordance with your father’s nomination and your brother has no objection.To avoid any disputes in the future, make sure the NOC from your brother is properly drafted on stamp paper and notarized. If he is willing, you can also get a registered relinquishment deed stating that he has no claim to the property.If all these steps are properly followed, there should be no legal hurdles in selling the flat. Let me know if you need help drafting any legal documents.