Transfer of property from deceased father to son
Taher
(Querist) 03 October 2012
This query is : Resolved
We are living in our father self acquired house.He expired 20 years back leaving a will that I would be the sole legal owner of the house, every brother and sister acknowledge the will accepted it.
Recently when i intended to transfer the property to my name, my brothers raise question of my entitlement to be the legal owner and they were against the will of my father raise objection that every other brothers shall be the legal owner of the property part wise.
And the bad thing happened when i found out that the original will is missing from my possession.
Now Iam afraid of my fate, do not have the the knowledge to deal with the situation.
Request learned members to educate me of any counter procedure for safeguarding my interest.
ajay sethi
(Expert) 03 October 2012
wht were you doing for 20 years? if your father died 20 years back you should have taken probate of will . if probate was not necessary should have consulted a alwyer to get property transferred in your name . obtain NOC .
after 20 years the witnesses would be ded and your will is misplaced . try to searc for original . do you have copy of the will ?
Taher
(Querist) 03 October 2012
Yes I have the copy of will.
Taher
(Querist) 03 October 2012
Sir , is obtaining of NOC will do the purpose. what would be the exact purpose of NOC and exactly what would be the subject matter of the NOC.
ajay sethi
(Expert) 03 October 2012
better ask your siblings to execute deed of relinquishment . have it duly stamped and regd .
Taher
(Querist) 03 October 2012
Sir would it be legally effective and valid to execute deed of relinquishment where the property hasn't been transferred to the legal hears or the executant of original will.
Advocate Rajkumarlaxman
(Expert) 04 October 2012
As they claim their right over the property deed of relinquishment is valid and permitted but they have to agree for that . are they ? ready for that then go for it immediately
Taher
(Querist) 04 October 2012
They are ready for the claim on the property. If they execute deed of relinquishment, how valid and concrete the above procedure would be if challenged by the aggrieved party.
ajay sethi
(Expert) 04 October 2012
once they have relinquished their rights they cannot claim
Taher
(Querist) 04 October 2012
Referring to the above query can we initiate any other legal process a part from relinquishment.
Waiting for learned experts opinion.
Satya Mani Tiwari
(Expert) 05 October 2012
ORIGINAL WILL WOULD HAVE SOLVED ALL YOUR PROBLEMS, BUT STILL IF YOU GET NOC FROM OTHER LEGAL HEIRS. THE HOUSE CAN BE TRANSFERRED IN YOUR NAME.
THE OTHER SOLUTION IS TO SHARE AMONGST THE LEGAL OWNERS BECOZ NO COURT WILL GIVE CLEAR VERDICT IN YOUR FAVOUR IN ABSENSE OF ORIGINAL UNDISPUTED WILL.
