Will

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved
My husband made a registered will in my favour regarding some leasehold properties. Do I need NOC from my sons to sell the property?If so can anyone give me a format ? Have the NOCs' to be signed by my sons & by some legal authority or be registered ?what is the procedure ? Please advise.

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M.Sheik Mohammed Ali (Expert) 08 August 2011
the said property is self earned or ancestral property, how old are your sons ? give full details.

ajay sethi (Expert) 08 August 2011
you have stated that registered will was amde by your husband .where are you located? after death of your husband you will have to obtain probate
if you have obtained probate you can sell the property . please go through the terms and conditions of lease deed . whether any prior permission of lessor is required or not?

Swami Sadashiva Brahmendra Sar (Expert) 08 August 2011
Consent of sons not needed where will confers all rights that were vested in your husband. For more ifs and buts the text if the will is to be seen.

prabhakar singh (Expert) 08 August 2011
Having noc in such a case is not a bad thinking, no special format is needed ,all sons should jointly state like"we so and so,s/o so and so,r/o so and show do hereby confirm that our father the said so and so, by his last will dated so and so, has rightly in his full capacity of mind and thinking and out of his free will and consent has nominated and appointed our mother so and so as his legal heir to his properties and we do not have any objection against the said will of any kind what soever.
So in witness hereof we out of our own free will and consent as per facts confirm the said will to be correct and sign here that we neither have any objection against the said will nor shall have any such objection in future against the ownership rights of our mother so created by the will.
It need not be registered ,even notarization would be sufficient,or you may get it registered as an optional choice.

ALWAYS REMEMBER LEASE RIGHT TRANSFER IS DEPENDENT ON TERMS OF LEASE OR ON CONSENT OF THE LAND LORD.

Advocate Bhartesh goyal (Expert) 08 August 2011
Dr.V.N.Tripathi is absolutely right.I agree with him.

Querist : Anonymous (Querist) 09 August 2011
The properties are not ancestral. The sons are above 18 years old.

M/s. Y-not legal services (Expert) 09 August 2011
Since the property is your husband's self acquired property you are entitiled to sale or make any arrangodou over the property. No need to get noc from your children.

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