Probate and noc

Guest (Querist) 29 October 2021 This query is : Resolved
I and my mother hold a joint property 50 -50 percent shareholding ,I have got father share 50 percent through release deed ,my father has died,now my sister is giving noc on stamp paper ,after taken noc still probate is required ,my mother has made will in favour of me

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This discussion clarifies the process of dealing with joint property after a death, particularly concerning probate and No Objection Certificates (NOCs). It highlights that a Will only takes effect after the testator's death and that probate isn't always required. The advice given points out that a sister's NOC might not be necessary if the property is jointly owned by the mother and the enquirer, and questions the father's share in this context, suggesting the initial facts presented are unclear.

P. Venu (Expert) 30 October 2021
You have not posted the material facts. It is not the case that every Will needs to be probated. So also, a Will takes effect after the lifetime of the testator.

kavksatyanarayana (Expert) 30 October 2021
You and your mother have the joint property of 50% each. How is your father got to share 50% means? When your mother got joint property, there is no necessary for NOC from your sister.

Dr J C Vashista (Expert) 31 October 2021
You have stated to be owner of 50% of property with your mother, how does your "father" or "sister" has locus (title, claim or interest in the subject property) during life time of both of you ? How does it affect death of your father or seeking NOC from sister?

Confusing facts posted by you can not lead to form proper opinion and oblige.

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