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Seema Singha   08 August 2021

inheritance

Is NOC required for taking your share in the will?


Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 August 2021

Hello,

If testator given you property then NOC is not required to get your share as per 'will'.

kavksatyanarayana (subregistrar/supdt.(retired))     08 August 2021

As per the contents of the Will, the beneficiary can take his/her share/complete property but not necessarily "NOC" from anyone.

Dr J C Vashista (Advocate)     09 August 2021

No "NOC" is required from any other legal representative of deceased for the share bequeathed in favour of beneficiary.

It would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 August 2021

Do you mean NOC from other legal heirs? No, it is not needed as obtention such NOC from the legal heirs by the beneficiary mentioned in Will, defeats the very purpose of writing a Will.  Therefore, engage a local Lawyer, show him the relevant documents and take possession of the property duly following procedure and legal steps.

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 August 2021

Dear Friend, Land Laws are the State subject and every State in India has its own law for transfer of property ( by will also). It depends in which state your property is situated or if there are many properties at different places law will majorly apply of the State where the major portion or higher value property is situated as a common practice. Now see, if you are at Delhi and want to get enforced a Will of property in your favour at first you have to get it Probated through court and get a letter of Administration for its execution in the property records. While applying for the Probation all the legal heirs are to be declared and thus informed about your contention and if any of them has any objection to it he may apply in the court. After judging the validity and genuineness of the Will an Order of Probation is awarded with an letter of Administration in favour of the applicant. 

Thus, in nutshell it all depends to which State in India you belongs to.

P. Venu (Advocate)     11 August 2021

What are the facts? What is the context?


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