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How to execute the will where mom transferred the property to father


20-Mar-2023 (In Wills / Trusts Law)
My Mother died in year 2010 and made a will. in Will she has clearly mentioned that the house in which we are staying should be transferred to her husband (My father) name. We are three brothers out of which one is not staying with us due to his anti social activity. we have kept him out of the house since last 7 to 8 years. now he has come and asked for his shares in the property which was in my mothers name. When we asked lawyer about transfer the house to my father's name, he asked to give noc from all the family members including my notorious brother, Please guide that how can we transfer the property in my father name who is the beneficiary of the will. We are hindu by religion
Answers (1)

Answer #1
839 votes
If the said property is self acquired in nature, i.e, bought from money earned by your father or mother, or transferred by a way of gift deed in your mother's favor then you are not required to take NOC from all the family members as the will will be executed according to the direction provided by your mother in the said will. However, if the property is ancestral in nature, i.e, inherited by your father/mother from their parents, then you are required to take NOC from all the family members including the notorious brother of yours.

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