Very urgent solution required for property dispute
sonal
(Querist) 26 January 2015
This query is : Resolved
we have property of 1955 in new delhi. Now my grandmother died few months back.According to will whole property is in name of my dad.My dad has 4 sisters and out of which 1 has died two decades back,leaving 3 children, so only 3 sisters of my dad are living till today.
Now the problem is my dad has to register property in his name..
all his 3 sisters,their husbands,and children are having no problem and have given their consent that they dont need any share and he can register the property in his name as mentioned in will..
Now please advice on this issue that husband of 4th sister who dies two decaded back has done re-marriage within year of death of his wife but not having any of child from second marriage.
Now at the time of registeration of marriage in court,what will be the safest option amoung NOC and R.D my dad should consider in which he can take signatures of all 3 living sisters,their husbands,children and also signatures of 3 children of his sister who has died two decaded back in front of registrar court that they dont want any share..
Please advice as we dont want any future headache becuase in future thay can challenge will also, so my dad wants to make them appear in court while registering property in his name and take consent from everyone in front of court that thy dnt want any share..
Some are saying go for NOC, some are R.D is important,please advice advocates..
Looking for help..I am in serious problem
ajay sethi
(Expert) 26 January 2015
1) your father can apply for probate of will . if other legal heirs have no objection probate can be granted by court in 6 months time .
2) since you apprehend that in future there may be problems best go in for probate of will .
Anirudh
(Expert) 26 January 2015
You say "we have property of 1955 in new delhi."
Who purchased the property and it was in whose name?
Guest
(Expert) 26 January 2015
Consult a Local Good Civil side Advocate and Probate the Will and it will avoid all future Problems.
Rajendra K Goyal
(Expert) 26 January 2015
Get the will probated if the property is in the name of testator.
sonal
(Querist) 26 January 2015
ajay sir what does probate mean?
now my father wants to trasfer property in his name after death of both my grand mother and grandfather..
will is already made by my grandfather in naming property in name of my father..
sonal
(Querist) 26 January 2015
rajender sir..someone told us about get NOC OR DO r.d?
what is this about??
sonal
(Querist) 26 January 2015
ajay sir time for probate is 6 months?
when it starts?
P. Venu
(Expert) 27 January 2015
The will itself, if valid, take care of all your problems. You do not require any NOC or RD from anyone.
malipeddi jaggarao
(Expert) 27 January 2015
Probate is nothing but a court certificate stating that the Will is operative. You will have to file an application for probate in the appropriate court for which you need to engage a lawyer. If any objections from any legal heirs are there, they will oppose the application in the court. If no objections filed by any legal heirs, the court will declare probate. As your father got the property by Will from his mother, this is the best procedure and there is no need to obtain the consent from anybody.
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
Once you file an application for grant of probate to the Will before the court, the respondents, i.e., your sisters and the children of deceased sister who will be impleaded as parties/respondents, on receipt of summons, do not object to the application, the court will grant probate of will to your father in his favor and he can transfer the registration records of the property including the revenue records on his name and he will become an absolute owner of the property ever since.
