• Transfer of property on basis of registered will

There is a registered will by my mother stating about a particular property to be given and transferred to me after her death. The said property was bought by my father and who expired some years back leaving behind my mother and siblings.Now my mother is no more and I want to get the property transferred on my name on the basis of the will. In the presence of Registered will, do I need to get NOC from my other brother and sisters to get the property transferred in my name? If I dont take NOC and get the property transferred in my name, is there any chance that the same may be challenged in future by other legal heirs. Also, can i sell the property after it is being transfered in my name.
Asked 6 months ago in Property Law from KANPUR, Uttar Pradesh
Religion: Hindu

1) your siblings can challenge transfer of property in your name 

 

2) it is better to obtain NOC from other legal heirs 

 

3) better option is to apply for probate of will 

 

4) probate is judicial proof that will is genuine 

 

5)after mutation of property in your name you can sell the property 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

Dear Client,

No NOC required from other heirs who are disinherited by mother. But property was purchased by your father and on his intestate death, property would have inherited in mother and children equally. Hence, mother could have bequeathed her share only. She is not sole owner of property unless father made a WILL in her faovr or gifted her. 

Sale/transfer can be challenge on these facts.

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

Probate no require in Kanpur and sale can be challenged within 3 years of coming into notice or share in sale consideration.

On the basis of registered WILL, it will transfer, NOC required. Probate is lengthy process and will complicate the issue as all sibling will be made party in the suit.

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

when you apply for mutation of property in your name on basis of registered will notice would be issued to all legal heirs 

 

2) if no objections are received property would be transferred in your name 

 

3) siblings can file suit to set aside sale deed 

 

4) after getting probate you can get property transferred in your name without NOC 

 

5) probate is judicial proof that will si genuine . you have to file petition in HC or district court having jurisdiction for grant of probate 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

If the property is self acquired by your parents and the will is registered then u don't need any NOC from anyone including ur sister. 

NOC might had been required if any of the testator has died instate without any will. 

Yes you can sell said property. 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

See if the property was in name of your late mother in that case only she can make will of same otherwise all siblings and mother has equal share . So if the property is in name of mother then you can get it transferred without NOC of other legal heirs using registered will and can sell it off.

You can apply for private of the will though first you van file for mutation of property in your favour if there is any difficulty then go for probate.

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

Yes you can .Transfer though they can challange the will but in case it is registered then it would be difficult for them to maintain there challange.

Probate is validating a will through court then no challange on same is possible.after probate no NOC is required.


Yes you can .Transfer though they can challange the will but in case it is registered then it would be difficult for them to maintain there challange.

Probate is validating a will through court then no challange on same is possible.after probate no NOC is required.

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

Please be aware that the property transferred by your father to your mother's name after his death is not her property actually the property has the shares of all your siblings along with your mother and we love your mother even if it is registered can be challenged by your siblings at anytime please also remember that any person can transfer the best title what she have

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property was bought by your father and then after his demise, thereafter, no formal partition of the property happened as your father died intestate (without Will).
  2. It makes clear that all your siblings are having right in the property as per Hindu Succession Act, because your mother was not the owner of the property and she count not make a Will of the same in your name.
  3. So, I would advice you to please go ahead and transfer the property on your name on the basis of the Will, there is no need of the NOC for the same.
  4. Once you get it on your name, then sell it as soon as possible. Thereafter, if they happen to raise any objection then it may be taken care then only, who knows they may jump up the limitation period to challenge your acts.

Sanjay Baniwal
Advocate, South Delhi
4766 Answers
11 Consultations

5.0 on 5.0

SIr 

You need to firstly file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter the court will issue notice to all the legal heirs and ask for their no objection, when all the heirs have given their no objection to the Will , the court will issue  a letter of administration and on the basis of that you can get the property transferred on your name and further sell it. 

As per the Laws in your state you can get the property transferred in your name without obtaining a probate of the Will. 

Yes the Siblings can challenge the Same at the later stage as it was bought by your father and they had the legal right in that property. so therefore it can be challenged.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

Firstly your mother was not entitled to acquire entire property left behind by your deceased father who is reported to have died intestate.

She can bequeath only her share of property to you or anyone of her choice.

Therefore, insofar as the share of other legal heirs are concerned the Will is not valid.

Therefore it would be better that your siblings execute a registered release deed relinquishing their rights in the property in your favor.

If this procedure is followed then you may become an absolute owner with marketable title in your favor.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

You can apply for grant of probate. 

Let your other siblings contest or agree to this.

A solution arrived at it now shall clear all legal hassles of future.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

NO you don't require the same as registered will is enough proof of succession. Unless the will is challenged in court there is no problem in transfer of property

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer