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Will

Guest (Querist) 26 October 2021 This query is : Resolved 
Notarized Noc from sister is valid and what should be stamp paper value.
Will is in my favour made by mother and registered.does probate required after death of testator
Quick Summary
If you have a registered will in your favour, a No Objection Certificate (NOC) from your sister is generally not required, especially if there are no disputes. While a release or relinquishment deed might be more appropriate than an NOC, its necessity depends on specific circumstances. Probate is typically not needed for a registered will unless the property is located in Mumbai, Kolkata, or Madras. If your sister does provide an NOC, she may need to appear in court to provide witness testimony.

kavksatyanarayana (Expert) 26 October 2021
When the Will is in your favour, the NOC (not NOC, it shall be release deed/relinquishment deed) from your sister is not necessary. And when there is no dispute on the will, probate is not required.
Advocate Bhartesh goyal (Expert) 27 October 2021
When will is registered and in favour of you, No requirement of NOC from your sister.If property situates at Mumbai, kolkata and Madras then you need probate else not.
Pradipta Nath (Expert) 27 October 2021
NOC if executed in Rs 100/- Stamp Paper will be sufficient. To execute the will, probate is filed. If your sister gives NOC, then the probate will be obtained in a smooth way. However, giving the NOC, she needs to remain physically present before the Judge granting probate to give witness of her NOC.


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