sanjay (acd) 10 December 2013
my mother made a will 50% of share of her flat in my name. rest in my childrens name. nominee is also done on our names affidavate and notary and submitted to society. do i have to take NOC from my elder brother for transferring the flat in our names? pls help
The Details given by you is inadequate to form an clear cut opinion on your query. However, Assuming that your mother had absolute and exclusive rights to bequeath her property to you and your children, consent of your brother is not necessary for change of name in the property registers. Please bear in mind that will comes in to effect after the death of the testator. If your brother wants to challenge the will, he can do so in a court of law questioning the right of your mother to bequeath her property to you.
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