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rajesh kumar shrivastava (col)     29 April 2012

Validity of 'will'and noc of nri siblings for transfer of pr

May i request you all to clarify the following issues regarding my fathers will and transfer of property.

  i) My father has recently passed away and has left a will bequathing the flat , bonds, mutual fundsto me( my mother passed away in 2005).

 ii)  I have one brother and two sisters. all three of them NRI/green card holders/ us citizens living in different US cities

iii) Is NOC reqd from my siblings for tfr of property and for claiming various funds, bonds and pension acct.

      a) If so, then will it have to be notarised in their respective place of residence.

       b)  Is their physical presence reqd for filing  the NOC in india.

      c) Is a separate NOC reqd for tfr of property , bonds, funds,pension acct.

iv) the will was made in 2005 after my mothers demise and signed by two witnesses on the same day with a declaration that he was of sound mind at the time of making the will.In the absence of a medical certificate, is the will technically valid/invalid. 



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 April 2012

When there is a will in your favour, you need not to take any NOC from your brothers and sisters.

rajesh kumar shrivastava (col)     30 April 2012

Thank You Rajeev and Ashish for your valuable advice, now i can proceed with the formalities.

Mahadeva Rao G (ADVOCATE)     01 May 2012

Hello all,  Both  the  above experts  Mr. Rajeev and Mr.Ashish  are absolutely right.  The only clarification  to be checked is  whether  the property  in question  BEQUEATHED  by  the deceased father / Executant of the WILL  was SELF  ACQUIRED  OR  WAS  IT  ANCESTRAL  ?    If   the property in question is  the  Self acquired  property  then in that  case no more issues,  you can proceed  in  transfering  the  title /  ownership  in your name. 


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