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Is NOC from other heirs is mandatory at the time of probating the WILL


21-Jun-2023 (In Property Law)
My father-in-law have 4 children. 3 boys and 1 girl. My spouse is 4th child for him. She was take care or her parents since 18 years. Her parents were deceased in last year due to health issue. My father-in-law have a self earned property and he wrote WILL in my spouse name and it was not registered due to some his health conditions. One of witness is her brother and signed in the WILL.. My question is, I'm going to probate the WILL in madras high court to transfer the property to my spouse name. Presently property in the name of my father-in-law. What will be the procedure for probate the WILL? How much charge applicable for probate? Is NOC rom her brothers (heirs) is mandatory at the time of probate the WILL? if her brothers won't give NOC or object thr WILL then what will happen? Kindly advice
Answers (2)

Answer #1
853 votes
Probate is necessary for properties within Chennai. First a petition for probate needs to be filed. Other legal heirs will be in the opposite side and they will be given opportunity to raise their objections if any. If they raise objections then they must prove the same. Otherwise probate will be granted.
Answer #2
637 votes
at the time of probate all the league there should be included in the probate petition and all the legal Heirs should give no objection certificate to grant probate if any one of the legal heir is not giving a no objection certificate then that the probate petition is converted into testamentary original suit and it will be contested and gift will is found genuine Hotel Grand profit it is necessary from the other parties to grant NOC to finish the case as early as possible

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