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Valliiammai (staff)     17 May 2012

Will and noc

Dear Sir

            My grandfather has 2 sons(I am daughter of 2nd son) and 2 daughters. My grandfather expired before 10 years.As my grandfather gave away lot of wealth to his daughters who are married before 1965 , he wrote a unregistered will to transfer two of his "self acquired" properties to be equally divided between his "sons only" and to transfer Rs:25,000/- to each of this 2 daughters.Now the 2 sons wish to get their property and explained about the will to the 2 daughters and gave them a cheque of 4 lakhs each (as per will with interest for 10 yrs).The 2 daughters of my grandfather are not accepting the money and want a share of the property and are refusing to give NOC. The 2 sons of my grandfather wish to get patta for the property. Legal heirs document shows all 2 sons and 2 daughters

Without NOC of the daughters , how to get patta based on the will ?What steps are to be taken in case the 2 daughters refuse to give NOC?

Thanks & Regards,

Valliammi



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 May 2012

Daughters cannot dictate their terms. The property was self acquired and the will even though unregistered would govern the parties. It would be in the son's best interests to put the will into action by obtaining a probate and then applying for the patta on the certified probate. They would be required to prove the will by calling atleast one of the attesting witnesses, or other equally efficacious proofs. 

 

Consult a local advocate to know more. 

 

Regards,


Bharat

Advocate

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