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Ak   13 June 2024

Will related

A Father died without will and left his wife  and children and his mother ... a home in  his name As per officials they will transfer it to one and other have to give noc..now his grand mother cannot move and without going to court noc can't be executed..1. so can his grandmother make handwritten will of  future property of share which can come  on her name from tht house ??? 2. if without will she dies than can her other children like her daughter can make claim grandmother share or she can give to anyone she wishes through will ? 3. it is not the property which comes through grand father to father it's is self earned and share can come to his grand mother so wether on this property have right of grand mother's daughter and  children after her death without will?? 



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

1. The grandmother can very well transfer her share in the property by a testamentary disposition,i.e., a Will, but the problem is that her share of property bequeathed in favor of the benficiary can be effected only after her lifetime and until then the property cannot be transferred in its entirety to anyone. 

2. If the grandmother dies intestate then her share of property shall again devolve on her own legal heirs.

3. The above answer suits this question too

Dr. J C Vashista (Advocate )     14 June 2024

All LRs of deceased father (inclidng his mother) shall have equal share in the inteste property.

It is not necessary that one of them shall inherit the property and other will have to (compulsorily) issue NOC for transfer in his / her name. Accordingly the version of "officials" qua transfer of property in the name of one only is invalid, iilegal and not tenable in law.

It is not necessary to visit and attend court to issue / register NOC by "grandmother".

Hand written (but witnessed by 2 adults) will of grandmother bequeathing her share is valid and acceptable in law. If she do not execute a will her (grandmother's) share, it will be termed as "intestate" which shall devolve upon all of her legal heirs equally.

Third and last question is vague and not understood. Reframe with more clarity.

Ak   14 June 2024

In their district officials sit in court and proper  photo is taken in the office then it goes to officials for signature and stamp and comes after a hour on window this is the process of giving affidavits soo as per my thinking noc cannot be issued by mere Signature of issuer this proceess will be followed and this can't be done without going court 

Dr. J C Vashista (Advocate )     15 June 2024

Originally posted by : Ak

In their district officials sit in court and proper  photo is taken in the office then it goes to officials for signature and stamp and comes after a hour on window this is the process of giving affidavits soo as per my thinking noc cannot be issued by mere Signature of issuer this proceess will be followed and this can't be done without going court 

What do you intend to communicate is not clear, redraft.

Ak   15 June 2024



As u said It is not necessary that one of them shall inherit the property and other will have to (compulsorily) issue NOC for transfer in his / her name. Accordingly the version of "officials" qua transfer of property in the name of one only is invalid, iilegal and not tenable in law. See page no 3 and 4 of attached file they clearly mentioned 

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=234484&offset=1#reply


Attached File : 1051050 20240615110024 transfer perofma in death case.pdf downloaded: 21 times

T. Kalaiselvan, Advocate (Advocate)     17 June 2024

Don't get confused and confuse the experts here with your unclear questions.

If you are not able to either convey your problem or understand the answers rendered here,  then better consult an experienced lawyer in the local and get all the issues clarified properly in person. 

Dr. J C Vashista (Advocate )     18 June 2024

I concur and appreciate expert advise of Mr. T Kalaiselvan.


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