Regd will and succession law
Querist :
Anonymous
(Querist) 18 January 2025
This query is : Resolved
Hello sir I have a query. we have a joint property in Delhi. Three floors villa distributed to three sons one floor to each son, (BY WAY OF PARTITION) who have been living here since construction by our father(SELF ACQUIRED) 40 years back. We also have one sister who is living in Himachal after her marriage. As per REGD.WILL of our father+mother(both expired) QUOTE" we exclude our daughter from getting any share in this property under this will. In case three sons want to construct further floors as permissible under law, three sons are entitled to the same in equal shares".UNQUOTE. However in the last para of REGD WILL it is written QUOTE" In case my three sons decide to sell or transfer or in any way alienate the said property then in that case the 10% of sale consideration shall be given to the sister or her legal rep.UNQUOTE.
(1) How to legally enforce the will in case sister refuses to sign NOC/REL. DEED and what will be court fee in that case.
(2) Does sister have any share in this property as per interpretation of WILL....... if we demolish and make new 4 floors thru a builder (one floor given to builder)
T. Kalaiselvan, Advocate
(Expert) 18 January 2025
If the Will has already been enforced and each individual has transferred their respective share of property to their individual names then there's no reason for enforcing the Will once again.
Besides redevelopment of the building is neither transfer nor alienation hence there's no necessity to obtain a NOC from her to move further as proposed.
However for all practical issues, you may consult an experienced lawyer in the local and take decision on the satisfying opinion rendered thereon.
Querist :
Anonymous
(Querist) 18 January 2025
Thanks sir 🙏.We have to still do mutation/registration as per the REGD WILL. We need her NOC affidavit or relinquishment deed to enforce the REGD WILL.where she is hesitant to sign.
kavksatyanarayana
(Expert) 18 January 2025
You stated that a joint property by three sons by way of partition is the father's self-acquired property whether the property is your father's property or a joint property which is vague. If it is a joint property how did your father and mother jointly execute a will? Your query is very vague. State full facts clearly.
Dr. J C Vashista
(Expert) 19 January 2025
Well analysed, opined and advised by learned senior experts, I endorse.
No NOC is required to be obtained from sister as she has been excluded from the self-acquired property of your parents (both father + mother).
She (your sister) would have been beneficiary of the subject will for 10% of consideration ONLY and ONLY when all 3 brothers would have sold or transferred subject property, wherein you (brothers) have decided to redevelop and transfer a floor to builder in lieu of redevelopment expenses utelising his (builder's) own resources, in such eventuality no monetary consideration is involved.
I hope you are satisfied with legal interpretation of your queries, isn't it?
Querist :
Anonymous
(Querist) 19 January 2025
Thanks a lot, sirs. The property acquired by my father. But will was made jointly by my father and mother. Lawyer who made the WILL told me that there is such a provision in law. In fact registrar was initially reluctant to register such a WILL but lator on he was shown a clause in law book and then he registered. My only problem is whether without the NOC from the sister, partition/mutation/registration of property is possible as probate of WILL I understand is very expensive and time consuming. Thanks again for all your help. Your help relieves me from tension.🙏
Dr. J C Vashista
(Expert) 20 January 2025
Thank you so much for understanding and appreciation.
T. Kalaiselvan, Advocate
(Expert) 21 January 2025
Your lawyer is the best guide on all such further queries, you can obtain advise on further issues too based on the property related papers in your possession
P. Venu
(Expert) 21 January 2025
What, exactly, are the bequests made in the so-called Will? Mere intention to exclude the daughter from inheritance , to my knowledge and understanding, does not constitute a bequest. So also, it is not all necessary that a Will be registered. As such, the hearsay opinion as to the observations of the Registrar are of no relevance to ascertain whether the legal validity of the Will.
Necessarily, any meaningful opinion requires that the Will be perused and issues discussed.
Querist :
Anonymous
(Querist) 21 January 2025
Thanks Venu sir.🙏All lawyers are of opinion that sister is excluded from WILL. Our anxiety is whether mutation can be done without her NOC and without her signing RELINQUISH DEED. if so then what is expected court fee.
Dr. J C Vashista
(Expert) 22 January 2025
yes, it (mutation) can be done without NOC / Relinquishment Deed of your sister, if it is mentioned therein the subject Will.
MCD has its separate department / portal for registration of mutation in favour of successor/ beneficiary.
