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Requirement of NOC from legal heirs for selling fathers property
22-Mar-2023 (In Property Law)
My father had a self owned property of his own. We are three brothers and three sisters all are married. my father and mother stays with me, my father made a will before his death mentioning mother as sole executor after his death and me as sole executor after my mother's death.He has clearly mentioned in the will that none of my brothers and sisters and their issues will have any claim on the said property. I want to know if NOC is required from them if my mother wants to sell the property ?
As the said property is self acquired by your father, your father reserves the right to transfer the property to whomever he wishes, also, as he made your mother a sole executor of the property. Thus, your mother is not required to take any consent from any other family member except you because you are also the beneficiary of the same property. Thus, if she wants to alienate the property then she will require your consent and then thereafter she can alienate the property in any manner which pleases her.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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