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Is NOC from heirs required to sell off ancestral property of grandmom


22-Mar-2023 (In Property Law)
My grandfather had a self owned property, he made a will before his death mentioning my grandmother as whole executor of the property after his death and after grandmother death the property will be transferred in my father's name. My father has three sister and two brother, i want to know if NOC will be required from them to sell the property. as my religion is Hindu.
Answers (2)

Answer #1
630 votes
In partition act daughter's rights in the parents residential urban property not in rural property. So as the abovementioned details of your queries that through will, the property transferred to the grandmother and after the death of grandmother the property transferred and by the mutation proceeding your fathers name is on government record illegally.
But in the law of partition the real sisters have equal rights in the parents urban property. And if the property was undivided and one of the shareholder want to sell the property, the first purchaser is the brothers and sisters. After the rejection for the purchsing of the property you sell the property to anyone else.
But in the sale it is mentioned compulsively.
Answer #2
711 votes
Hi,
You need to show the contents of the will if the mother was whole executor or she got the right to enjoy the fruits of property in her lifetime as in if the property is already transferred on her name, NOC would be required by your uncles and aunts or else your father can file a declaratory suit based on the will and hope no one challenges the will.

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