Probate dose not require in UP. No, NOC require from sisters. On the basis of WILL, property will trasfer in your name with consent of mother.
YOU can sell after demise of your mother or with her consent.
Registered will
There is a registered will by my father stating 1. My mother and I (Son) can enjoy this property till her life. 2. I have full right to transfer / sale this property with the consent of my mother 3. all the three daughters have no right to claim share in this property. The said property was bought by my father and who expired some years back leaving behind my mother, son and three daughters. What is the best way to solve this property issue ? Is it necessary to probate will ? In the presence of Registered will, do I need to get NOC from sisters to get the property transferred in my/ our 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 years ago in Property Law
Religion: Hindu
17 Answers
1) advisable to apply for probate
2) probate is judicial proof that will is genuine
3) sisters can file consent affidavit
4) you would get probate in 6 months
5) if you don’t apply for probate sisters may challenge the will in future
6) you can sell the property after it is transferred in your name
As the will is not registered, no buyer would buy the property without the consent of your mother due to the mentioned condition in the will as well as NOC from your sisters.
If the will of your father is not probated, it can be challenged in future by your sister's or their legal heirs. It is better that you go in for the probate of will, though it is not mandatory.
its genuine registered will, still its advisable to probate, pls confirm
Asked 6 years ago
NO, presumption of genuineness if WILL is registered.
If the will is registered, you can use it to get the property transferred in your name and can subsequently sell it to and can person, provided your mother consent for the same.
Even after the sale of the property your sisters can challenged the will where in the buyer would also be made a party in the case.
To avoid legal complications in future better apply for probate
If the said property is self acquired then the same will be determined through will. You don't need their noc. It can be directly transferred as per will. The sisters can't challenge the same and even if they do they will not succeed
1. By virtue of the Registered WILL, you become the absolute title-owner of Fathers property and you become entitled to Sale /Transfer /Gift /Donate /Mortgage /whatever....
2. Legally there is no requirement to Probate the Will (in UP) and further there is no need for any NOC /deed from ANY of your family members and neither do have any rights to claim on such property of father.
if there is registered will probate is not necessary based on will get mutation of property in your favour.
No NOC from the sisters is required they have no share in the property. See even if they challenge then your rights can be protected by the will. As per will with consent of mother you can sell.
See it is always advisable for probate so as to there is no dispute in future though since there is court fee and the will is registered you do direct mutation then also you are safeguarded by the will.
the probate is the only way which can solve your problem in once for all.
The property was purchased by your father and hence it is a self acquired property and nobody has a right to it as the father can dispose it in any way he wants.
No need to take noc. Probate is necessary.
Regards
Once the probate is done nobody can raise objections to it.
Regards
You can apply for mutation of property based on this registered Will.
If the Will is not a registered document then the revenue department may ask you to furnish NOC from other legal heirs, if they refuse to give NOC then you can file a probate petition seeking probate of Will.
Since your Will is a registered document mostly the revenue department may not insist on the NOC from other legal heirs until someone gives an objection in writing to stop mutating the proeprty to your name.
You can very well sell the property after it is transferred to your name.
There is no necessity to get the registered will probated until the other legal heirs make a dispute about it.
Dear Client
You should just probate the will to transfer the property on your name.
And if you have registered will you don't need the NOC from your sister to transfer the property on name of your mother and you.
As the property is self acquired by your father and your father have make the will in his lifetime so no legal heir can claim the property.
- As per the information mentioned in the present query, makes it clear that the Will is genuine.
- But, still the process of getting probate is settled as per the provision of law.
- You would have to go through the probate to claim your title over the property. There is no way in which you can think of avoiding it, in fact there is a limitation period also for probating a will.