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Harsh   02 March 2023

Property dispute

My father left behind unregistered will. After my father's death, I got the will registered. I took noc from all legal heirs to my father and got the property mutated by assistant collector grade 2. After three and half years, one of the legal heirs challenged the validity of will in civil court. That legal heir have also signed noc and noc registered at executive magisterate. Now kindly suggest how should I proceed. Can a legal heir object to will after signing noc. 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 March 2023

As a legal heir, the son/daughter can always claim a share in the parent’s property. However, in your case, you have given an NOC. Now, whether the court admits your claim or not will depend on how you decide to invalidate the NOC issued by you earlier.

 

 

Real Soul.... (LEGAL)     02 March 2023

How can you register will after the death of testator? it is the  person who makes the will registers it.

Even it is not necessary to register a will, only the witnesses  must have  signed on will and there was no need even to seek NOC, the will be probated or implemented by concerned and relevant authorities.

Anyways the LR can challenge will for being fake that too upon concrete evidence  and nothing else ;

When he signed the NOC means he acknowledged the will and after such a long period he cannot wake up suddenly to challenge the will , the will if signed by testator and witnesses are there to confirm the making of will then you need not to worry .

kavksatyanarayana (subregistrar/supdt.(retired))     02 March 2023

How did you get the Will registered after your father's death?  On the production of the will for registration did the Sub Registrar make the inquiry on the Will?

Harsh   03 March 2023

After public notice in news paper. After checking all aspects. Will got registered under section 40


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