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Want to challenge Will but already singed NOC how can I object now
11-Dec-2023 (In Wills / Trusts Law)
My uncle had no legal heirs and me and my brother use to take care of uncle, when uncle wrote a will I was very small so he transferred all the property to my elder brother and brother promised me that he will give 50% of property to me later on. but now my brother is refusing to give me any share he has also forced me to sign NOC. How can I object in this case for my share
The estate has to devolve in the manner set out in your uncle's will. Your NOC would be valid only if it was given with free consent. If you can show that the NOC was obtained by force, pressure, misrepresentation, cheating, etc., then the NOC becomes invalid and the estate would be shared in terms of the will. Also, please tell me if the probate has been granted to the will? If not then you can proceed with the same. And if the probate proceedings are pending then you can object to the same. In any case, please share more details with me so that i can advise you better.
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Adv. Shikhar Khare
Delhi | 100+ Answers
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