Dear Client,

Is WILL registered,

Well, no NOC required, when Will is there. ask them in written of such demand and assailed order to higher authority.

hello,

a registered will is a document which conclusively proves that you are the sole owner of the house unless they too produce a will or are able to prove that the will is forged. there is no question of NOC. NOC was required when you wanted the whole house to yourself and had to take NOC when there was no will.

therefore, the question of a NOC does not arise. a death certificate can be obtained from the MCD office.

regards

Sir, NOC in your case is not required as registered will in itself is conclusive instrument to transfer the property in your name, further the probate of registered will is also not required in delhi.

So the department is not right in asking the NOC when there is registered will or any other document and validity of same is not challenged, ask department to give a written order for NOC and the same has to be challenged before appellate authority. As the demand is illegal and inconsistent with settle law the department should have done mutation of property if such application is presented before them along with the registered documents.

Is the property ancestral or self acquired by your parents?

Please clarify this first.

Regards.

1) you can apply for registration of legal heirs and you will get your sister's death certificate from Municipal Corporation office or Gram panchayat office in which city or village she had dead.

2) And you can attached WILL with above application.

If you are unable to obtain NOC from dead sister children you should apply for probate of parents will

2) enclose parents death certificate

3) affidavit of one of attesting witnesses

4) notice would be issued to all legal heirs

5) if no objections are received you would get probate in 6 months

This is my response to you:

1. You will require an NOC from them anyhow as the children of your sister are Class-II heirs;

2. They can file a claim for the house in the future otherwise;

3. Best is you can issue a advertisement in the newspaper inviting claim on the house, if nobody replies within 30 days then it is yours;

4.You can also send your deceased sister's children a legal notice to submit their NOC;

5. If they file a claim, then you will have to go to court.

In case you have attached the copy of Will along with the application, there is no need for NOC from deceased sister's children. However, in case they insist, no need for mutation in MCD. Keep paying house tax online in your name. The mutation in MCD is only for the purposed of house tax. House tax is received from the occupants of the house. They have nothing to do with the ownership.

If will is in the name of you then there is no requirement of NOC form anybody.

Firslty, there is no need of getting the NOC from them when the will is in your favour.

Secondly, you please start the process of getting the succession certificate and probate of the same.

Thirdly, once you get the court order then give MCD a representation for mutation the same in your name with the copy of the order.

Fourthly, if they do not do then also then file a Writ Petition before Delhi High Court for seeking answer as to why they are not doing it under which law they can’t mutate the same.

1. "IF" the Parents WILL is duly registered and "IF" the WILL is not challenged or disputed, THEN the MCD officials have no jurisdiction to demand any NOC from sisters children. It is illegal on part of the MCD officials. File Appeal before the next senior authority .OR. file declaration case in local civil court for Title-Ownership of property.

Keep Smiling .... Hemant Agarwal

Dear Sir,

On the basis of registered Will the MCD cannot insist for NOC. You may get succession certificate and/or Probate then approach the MCD. It is a complicated issue, so it is better to take a chance to get issue a legal notice on MCD for not mutating on legal documents.

Since the will in question is a registered will/document, then the NOC from non-beneficiaries or other legal heirs is not required for mutating the records from MCD.

Please re-check with MCD. If nothing works, file a writ of mandamus against MCD.

It is a requirement to obtain NOC from the legal heirs or the successors in interest.

You can get the Will probated if you feel that you can't get NOC from them.

When the Registered will states bequeathing of self acquired property to you then under what Provision the MCD is asking the same. Tell them to issue the said order in writing. You need to challenge the Same before sub registrar office or Court