Granfather land in maharashtra
Sachin Vanjara
(Querist) 11 October 2013
This query is : Resolved
Dear Expert,
After death of my Grandmother the Land was transferred by my aunty on her name, which we were not aware of. Now they are selling the Land and asking us to sign NOC for the purchaser. We are not involved in any dealing with purchaser. They are not telling us exact consideration amt. All legal heirs signed the NOC for purchaser except my signature. Now if do not sign they are going for probate the will. What I can do in this regard? What exactly will happen if my relatives go for probate? and if I disagree with the will what I can do legally?
They do not want to give me in writing specific sum to be paid to legal heirs. My mother is not more in this world. if required i can send the NOC document soft copy.
Please treat this as an urgent request
ajay sethi
(Expert) 11 October 2013
land could not have been transferred in name of your aunt without consent of other legal heirs .
you are entitled to know the consideration amount or rate at which property is being sold .
even if your aunt goes in for probate of will she has to prove that will was executed by your grand father . you can challenge the will if you so desire
Sachin Vanjara
(Querist) 11 October 2013
Dear Mr. Ajay,
Thanks for quick response, We were not informed of the transfer of land after death of my grandmother. They are saying they will have all witness my uncles and other aunties as witness and prove the same. As per land record the land was transferred in March 2010 after they made the deal or looking for purchaser. How can I challenge as I am in India stay outside India? What legal ground I can challenge?
As we were not sent any notice or details before transfer.
Thanks
Rajendra K Goyal
(Expert) 11 October 2013
Let them go for probating the will. You can oppose the validity of the will. You can take injection on sale or transfer of the property being an interest involved party in it.
If you are unable to stay in India for long you can entrust GPA to some near and dear.
Consult a local lawyer and show him the documents.
Sachin Vanjara
(Querist) 11 October 2013
Thanks Mr. Rajendra,
How long probate will take? What would be the time frame to oppose probate will?
If we do not inform us that they filed for probate of the will?
The only document I have is the one I received from Purchaser i.e. NOC; Copy of will or agreement to sell is not provided to us.
Rajendra K Goyal
(Expert) 11 October 2013
Time depends upon the pending cases with the court. It may be 1-2 years or even more. The notice to General Public may be published in local news papers before probating of the will. You can give POA to some known person to protect your interest.
R.K Nanda
(Expert) 11 October 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 12 October 2013
No room left to enter as you have rightly been advised on the issue.
