You can apply for mutation of house in name of beneficiaries on basis of will executed by deceased father 

2) notice would be issued to elder brother . If no objections are received mutation would be done in your names 

3) best option is to apply for probate of will 

4) probate is judicial proof that will is genuine 

5) if there is no contest you would get probate in 6 months 

1. The bequest lays down that the house with ground and first floor and its site has to be equally divided between younger son and daughter. Hence, the younger son and daughter just need to apply for mutation of the house in their names by annexing a copy of the will. The mutation will be sanctioned only if the will is registered.

2. If the will is not registered the tehsildar or mutation authority will demand the probate of will.

1. Father's WILL is legally faulty, more so since ALL Legal Heirs have EQUAL stake /right in Ancestral Property and ancestral property CANNOT be Gifted /Transferred to one legal heir WITHOUT following Partition proceedings.

2. For other property, IF WILL states House + Site goes to younger Son and Daughter, THEN legally there is no requirement for any NOC from brother.  You will just simply execute this component of will without any legal reference to other clauses of WILL.

3. Alternatively, irrespective of WILL and on demise of Father, ALL the three residual legal heirs can execute a registered "Family Settlement Deed" .OR. a "Relinquishment Deed", can be executed by "ALL" the legal heirs /beneficiaries, (mutually agreeable with consent) to transfer the property/s to a selected legal heir /beneficiary or to multiple legal heirs /beneficiary. The aforementioned Deed shall be legally enforceable for all legal purposes and would legally by-pass the criteria of will registration or probate or whatever.

1. The younger son and daughter can file for probate of the sill though they have to fulfil condition of will in that case will in complete need to be executed and court shall pass order on validity of the will and it's execution.

2. You may based on will apply for mutation of the property along the death certificate of father though the officer may ask for NOC and probate as per condition in will.

They will need noc if you are one of the legal heir. Unless they have the father's will in their favor being entire property in their names

Best option is to get Probate of the Will through Court.

Once Court certifies it, the Will gets sanctity and considered as genuine.

You need to get the names mutated with the concerned department, using the Will. 

Under intimation to your elder brother.

If no objection is received, mutation will be  done within 6 to 8 months.

After, the above, you can deal with the property as you wish. 

1. First take information whether in your state taking of Probate of Will is compulsory.  If that's so then without Probate the terms of Will can not be given effect to.

2. So apply for Probate which requires consent of all legal heirs. 

3. If it's not necessary then apply for mutation of names and act as per its directions. 

If your father is alive than he can cancel the WILL and make it new WILL as per your wish.

Present the Registered Will of your father to the authorities and get the property transferred to your and your sister's name. NoC from elder brother is not required if you have a registered will 

Dear Sir, 

The best way will be to get the properties mutated on your respective names and then you may sell as per your rights. 

Yes, Brother is disown from the house by father in the WILL. He has given another land + expanses to his daughter. His NOC not require.

Just apply at municipal office to transfer the house in joint ownership. Enclose copy of WILL with application.

- As per law, an owner of self acquired property is having right to transfer the same to anyone, and none has right to claim over the same, but an ancestral  property cannot be transferred without the consent of legal heirs. 

- Since, the two floor house was self acquired , and further division of the same equally between younger son and daughter is legally valid , and no has right to challenge the same. 

- Similarly, your father was having right to distribute the fund created by himself to any one .

- You should apply for getting Probate the said last WILL executed by your father . 

- You elder brother should execute release deed in favour of  younger brother and sister , then both will have right to sell or transfer freely without getting any NOC from elder brother. 

Hi 

1) In law, all of the legal heirs are required to sign the documents pertaining to division of properties amongst themselves. 

2) So, technically,

a) you, your sister , Your mother (if alive) and your elder brother should mandatorily affix your signatures in the registered settlement deed pertaining to the house

and 

b) You, your sister, Your mother (if alive) and elder brother should mandatorily affix your signatures in the registered settlement deed pertaiing to ancestral property of 2 acres. 

and

c) You, your sister, Your mother (if alive) and elder brother should submit Family member certificate at bank and transfer the balances in your father's bank account in favour of unmarried grand daughter. 

3) Please note that under section 17 of Registration act and section 53A of Transfer of property act, registration of settlement deed at Sub Registrar office is compulsory for immovable properties. 

4) In case, you have apprehensions that your elder brother might not consent for transfer of properties, the options you have are 

a) File a suit for declaration of properties in court based on WILL and get court orders 

or 

b) In district courts, we have lok adalats which are mandated to resolve family disputes amicably by mediation. 

Option b is cheaper, faster  and has the power of district court and is headed by district/ senior civil judge. 

Hope this information is useful. 

The elder brother has to give NOC for the younger brother and the sister to get the house property and the site duly mutated to their names. 

If you do not want to get his NOC then you may have to get the Will probated through a court competent after which you can get the mutation without his NOC or consent.

you can file a probate of the will and distribute the property equally according to the will and each brother sister can take his/her part in the property and can do whatever he wish to with the property.. 

I would definitely recommend and advice you as follows:-

As per your case and facts mentioned, there are two types of property 

1- Self Acquired Property by your deceased father.

2- Ancestral Property of your deceased father.

You have a will made by your deceased father dividing movable and immovable properties to legal heirs. 

Self acquired property can be bequeathed to anyone by the owner even barring legal heirs but Ancestral property can not be bequeathed any outsiders that goes to legal heirs according to equal proportion as per Hindu Law 1955.

My Answer is no .

You have to take NOC from your elder brother for undivided portion of self acquired property simplicitor the undivided property is meant for the elder Son.

If you have some difficulty you may have verbal conversations from your elder Brother for NOC to sell if not then issue a legal notice and seek his NOC by offering compensation to the tune of undivided portion of self acquired property. 

This way you may probably proceed safely to sell self acquired property of your deceased father which has been bequeathed to you and your sister by your deceased father. 

All the best.

Best regards. 

1. You don't need NOC from elder brother if there is will of your father. 

2. You just have to get the probate of will if brother raise any objection in transferring the house on your name. 

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Once you have the will nobody can go against the will. You should file for probate and then ask for letters of administration and tgen proceed accordingly to dispose of the property as per the contents of the will. You may keep it or transfer it in your name.