Relinquishment of life interest

It is mandatory to probate the WILL at presidential towns: Mumbai,Kolkota, Chennai.

At other locations it is not.

The last wish of testator in WILL is supreme.

Since testator has not bequeathed any right to sell: Your mother has NO right to sell, so can’t sell.

The procedure for such cases ( Testate Succession) is usually kept on website also by the authority under whose jurisdiction property falls……………e.g; MC.

Otherwise the prescribed forms by the authority, for such cases desribe the requisite docs, and procedure.

Usually certified copy of the WILL, death certificate, legal heir certificate are required.
 

The authority may ask for NOC from legal heirs other than beneficiary, ask to release newspaper advt, and/or write to legal heirs asking for NOC in set time. In case on NO objections the property may transferred in the name(s) of beneficiary(ies). If there is harmony amongst legal heirs the WILL   may not be contested.  

 

If the WILL   may is contested it may land up in probate court of pecuniary jurisdiction.

The registered WILL is usualy not set aside  on the counts of authenticity.


 

Thanks for the reply

My mother is living with me and she has no objection to sell some part of property for financial needs. She is ready to relinquish her life interest on property. I had one sister and she is married and few years before my  father has already transfered some property on her name and the same is mentioned in the Regisrered Will itself.

My father Registerd the will himself in the sub registar office, Is it still mandatory to get the NOC from my sister ? My sister know about this WILL and she not have any problem with this, but i doent how she will react on giving NOC.
Is there any way to sell the property using will and my mothers NOC, If i Probate the WILL can i sell it with my mothers consent ?

It is felt that the procedure to act upon the WILL needs to be completed to transfer the ownership as per WILL.

Asalready posted the authority may ......................write to legal heirs asking for NOC in set time.If NO objections are recieved then it may act upon the WILL (without any cloud on it).

Since WILL exists it has to see the light of day and presented to act upon it.

You may discuss in person with a very able senior and local counsel of unshakable repute and integrity specializing in succession/civil matters and understand the options, strategy, remedy and merits.