Priya (C.S.) 15 October 2011
Suppose a man has left a will leaving all his property to his son. The man also has 2 daughters. If the son wants to transfer the property to his name can he go ahead with the transfer or would he require to obtain a NOC from his sisters. What would be the implications if one of the sister doesn't give the NOC. Can the transfer still be done? Please advice.
kumar t v s (advocate) 15 October 2011
If the sisters give NOC the transfer will become easy otherwise the Son will have to get the property through Court by proving the WILL.
Priya (C.S.) 16 October 2011
Would the sister be dragged into the court as well if she refuses to give NOC?
Hari Om Maheshwari (C.A.) 17 October 2011
If it is self earned property of the deceased, son will get it to himself through a probate proceedings. Daughters will have no right in self earned property bequaethed by the deceased to his son. But situation would be different if the property is ancestral where NOC would be required.
Hari Om Maheshwari
Priya (C.S.) 18 October 2011
This is a case where the NOC requirement is of the society. The society is refusing to transfer the property to the son without the NOC from the sisters. I am told that the son can get the property by going to the Court and proving the will. I want to know if the sisters would also be dragged into the court by this? Thanks in advance.
kumar t v s (advocate) 18 October 2011
I want to know if the sisters would also be dragged into the court by this?
no one will be dragged. When there is a legal dispute, both parties have to present their case. Court will decide on merits. Any one not interested in litigation, may abstain and the matter will be decided in their absence.
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