if a second heir does not give a no objection certificate
KISHORE KUMAR JOSHI
(Querist) 28 October 2014
This query is : Resolved
My mother has left behind an unregistered will with two witness signed will is in my favour. My sister is leaving in Australia permanently. How will the WILL be executed if my sister does not gives the no objection certificate ?
Devajyoti Barman
(Expert) 28 October 2014
Absence of NOC will not cause hindrance to get Probate if she does not contest the Probate case either.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
unregistered will is valid.
The only trouble will be if your sister challenges the same then these two witnesses will have to be produced as witnesses.
Dr J C Vashista
(Expert) 29 October 2014
I agree with the experts, get it probated.
Rajendra K Goyal
(Expert) 29 October 2014
Will is valid, no need of your sister's NOC. You can proceed to execute. If you feel your sister can challenge it any time in future, get the will probated from court.
Anirudh
(Expert) 29 October 2014
Without NOC from your sister, the Authorities will not mutate the property in your name, despite you possessing the WILL. If you are in good terms and your sister will be willing and giving you the NOC, there should not be any problem.
However, if you anticipate, that your sister is not likely to give you the NOC, then you have no other option than to get the WILL probated. Naturally, the Court will issue notice to your sister to answer the probate petition. She has to answer the court either by herself or through her attorney. But this process will take time.
Guest
(Expert) 29 October 2014
Dear Author,Please Consult a Local Good Advocate and take steps to Probate the Will.A Public Notice in Local News Paper would be sufficient for her/your sister's objections if any.Entire Process Could be Completed in 90 working days.All the Best.
ajay sethi
(Expert) 29 October 2014
agree with Mr Anirudh
K.K.Ganguly
(Expert) 29 October 2014
1. File an application for seeking probate of the said will,
2. court will send notice & if objected she will certainly show grounds which you can contest fittingly,
3. After hearing all the parties, the Court will either grant probate or reject the application seeking probate.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
If the Will is unregistered, the authorities before whom the application is moved for mutation of records, will certainly insist on NOC from other legal heirs of the deceased to avoid their kins fighting litigation, hence in such an event, better either obtain NOC from her, in case she is declining to furnish the same, you may approach the court of law to obtain grant of probate to the Will in question. No doubt the process will be cumbersome, but unavoidable.
Devajyoti Barman
(Expert) 10 November 2014
If you manage to get the Probate of Will, then no NOC is required at all.
