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Jatin D. Bhatt (Executive)     24 June 2010

Succession Right in Agri. Land

My father's grand father had agricultural land. He had made a Registered Will. Now, the land is only having name of one person and his family members. The Entry of succession was made on the basis of NOC of all other members who hold legal succesion right. The NOC are certified by the gazzeted officer.

In succession process, the registered will has not come in the picture. It is done only on the basis or NOC of all other family members, now what is the legal position of Registered Will of deceased person. Is the succession process must be done on the basis of WILL? Is it still in force? Can the remaining legal successors  cliam their right in the land on the basis of Registered Will inpsite of their NOC [which are real]. But, no consideration has been paid.



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 1 Replies

Darshan Panchal (Advocate)     24 June 2010

in the first place entry of succession should not have been made on basis of NOC. there is no such thing as NOC when the rights in property are concerned. Rights should have been released by a proper deed of release. Succession should have been made as per will only. Yes those persons can still claim a right as NOC has no value in the eyes of law. what can be done now is that an amount may be paid to them and in turn they release their rights from the land and a proper mutation entry be made in the records. Will has no time limit and it still continues to be remian in the force unless challenged in the court of law.


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