Will has been notarized and not registered

My father passed away and has left an unregistered will with only notary done . We are total 4 children ,3 brothers and 1 daughter . Out of which eldest brother is deceased and has a widow and 2 children . I am the daughter who has been given a shop according to the will . I want to sell the shop . Will noc of remaining legal heirs be enough or probate has to be done to sell shop . ?

Answers (2)

138 votes

You need to take probate of will from appropriate jurisdiction court.
After getting probate of will you can sell property got from your father through will.
If other legal heirs consenting for will then you can easily and minimum time limit get probate of will from court.

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188 votes

If you opt for a probate from the high court NOC would be required from all the legal heirs. Which will be helpfull for you. Either you have to opt for a probate or else publish a news paper article in this which will help in clearing the title and the buyer of the flat would not have any problem.

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