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Vembuli (Individual)     20 November 2009

Will and Settlement Deed

My father died in 2000. He left behind one apartment each to his three children including me. He purchased a flat and gave it to my sister in her name. He left behind a will bequeathing his two flats, one to me and one to my brother. The will was registered with the sub registrar.

This will has not been probated. After his death, based on the will, I executed a settlement deed for that flat in favor of my wife. We want to sell the flat now. Can this be done? I hear from my friends that a NOC from my siblings is essential. My brother will sign the NOC without an issue but I feel it will be an issue from my sister.

Would appreciation your considered views.

 

 



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 7 Replies

Suchitra. S (Advocate)     20 November 2009

If you want to sell your flat which is in your name, NOC from siblings is not needed.

Vembuli (Individual)     20 November 2009

Though I have settled the property to my wife after inheriting the flat from my dear dad through his will, is there a possibility of any of the siblings challenging the will itself as it has not been probated, thereby creating legal hurdles to the sale proceedings?

 

 

Vembuli (Individual)     20 November 2009

Thanks for your quick revert. I have another question for you. Pl take time to answer it.

A V Vishal (Advocate)     20 November 2009

In best interest it is advisable to get the will probated if you forsee any trouble from your siblings especially from your sister.

Vembuli (Individual)     20 November 2009

Can a will be probated anytime? I have already inherited the property based on the will and have executed and registered a settlement favoring my wife.

A V Vishal (Advocate)     20 November 2009

There is no time limit to probate a will.

Adv Archana Deshmukh (Practicing Advocate)     20 November 2009

 A will can be probated at any time.


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