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.
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
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.
Siblings can challenge at later stage if they want but if I want can I get it transferred to my name without getting NOC? If after getting it transferred in my name (without obtaining NOC) I sell it immediately then can siblings challange that sale or ask for share in proceeds of sale. What is probate of will? After getting probate of will, can i get the property transferred without obtaining NOC.
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.
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
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.
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.
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.
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
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.
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.
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.
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
