Sell property that was Willed

Querist : Anonymous (Querist) 06 April 2010 This query is : Resolved
My parents jointly own a property in Delhi. They did a registed will naming me sole beneficiary. I have another brother.

After the demise of my parents will I need the brother to do a relinquish or give an NOC or can i comfortably sell the property based on the will itself.

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Parthasarathi Loganathan (Expert) 06 April 2010
Whether the property in question is a self-acquired or ancestral one. Otherwise, one needs to scrutinize the contents of the Will before alienation. Case details are incomplete

Raj Kumar Makkad (Expert) 06 April 2010
In Delhi, a will is required to be probated through civil court so file petition seeking probate before civil court at Delhi wherein your brother and all other legal heirs shall become respondents apart from general public.

n.k.sarin (Expert) 06 April 2010
I do agree with Mr. Makkad.

Manish Singh (Expert) 12 April 2010
In Delhi, it is not mandatory for a Will to be probated.

So You can take action as per the provisions of the Will. also, keep in mind the opinion of Mr. Loganathan.

But the problem would arise when you will apply for mutation of names in favour of the buyer and at the relevant time you would be asked by the authorities to provide thme with the No-objection affidavit from other legal heirs.
so if you wnat to get escape from the liability of probate, obtain no-objection affidavit from all the legal heirs.

Querist : Anonymous (Querist) 18 April 2010
The property is self acquired by my parents

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