Is there any need of NOC if the will is on my name
13-Jun-2023 (In Property Law)
I have a notarised will from my parents in which they have will the flat to me. Will I need NOC from my siblings to have the flat transferred in my name after my mother is also gone.
It would be better if you get a registered WILL for yourself. It depends upon the the authority whether they seek NOC from your siblings or not. If you can get a WILL registered under you name it would be easy to be probated and the rights through that WILL be transferred easily upon you.
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Yes if other legal heair do not accept will you have to get letter of administration from competent court of law where other legal heairs would have right to oppose you will in different grounds provided under the law.Hope I have answered your question.
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Hi,
If your parents still alive, i would suggest tou to kindly register the will.
You may opt to get a succession certificate later on to probate the will.
For more information feel free to have a word with me.
If your parents still alive, i would suggest tou to kindly register the will.
You may opt to get a succession certificate later on to probate the will.
For more information feel free to have a word with me.
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Yes , in a unregistered will for the purpose of getting transfer or mutation in revenue records / MCD records you are required to take NOC from other legal heirs. A notorised will is not coming under the registered will as per Registration Act.
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No. There are some pre-requisites to a valid Will under the Indian Legal system. If the Will made by your parents is dated and signed in presence of witnesses and made in accordance with the pre-requisites, you do not need an NOC from your siblings to be the rightful owner of the flat your mother transferred to you. A person can only challenge the validity of the Will made by your parents in case it has not been made in accordance with law.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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