How to obtain NOC from legal heirs for petrol bunk dealership?
2 years ago
A person aged 72 years (recently expired) is having petrol bunk dealership. He has given this to his grand daughter - registered as legal heir for the property / petrol bunk. Even they had a registered legal document as legal heir for petrol bunk, they are asking for NOC from his children which one of them not willing to give the acceptance / consent. How to proceed further.
If such transfer was legal that is by a registered instrument like Will or Gift Deed or Settlement Deed then NOC is not necessary. Please approach local lawyer along with your documents and your problem will be sorted out.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If that person during his lifetime through registered document( other than Will) transferred the Ownership of that property/ petrol bulk to his grand daughter exclusively then after his death the question of taking No objection Certificate from his children cannot and doesn't arise.
However, if by virtue of registered Will the person appointed his granddaughter as Beneficiary in respect of that property / petrol bunk,then after his death while applying for Probate ( if there is any Executor/ Executrix named in that Will) or for Letters of administration ( if there is no Executor/ Executrix named in that Will) in respect of that Will, it is necessary to send Notice by citation to all the children of the deceased and if in any of those children of the deceased doesn't file Consent Affidavit and prefer to contest,then that Testamentary matter will become Testamentary Suit and will become contested Suit to follow the steps accordingly.Please take note that if the attesting witnesses support the due execution of that Will by that deceased person in their presence then the Granddaughter will have good merits in that case to succeed more particularly because that the Will is registered so nobody can allege that the deceased person's signature on Will is not his signature.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello,
If she is the registered legal heir then she has all rights over the property or the petrol pump. NOC will make her claim even more stronger by giving her the certificate that say there is no objection in this matter from their side. But if they not sign the NOC they could in future claim that petrol pump. In order to avoid this you have all the legal documents which says that she is true legal heir then she could create an Succession Certificate from the court, certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person.
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There is a definite legal right for an heir to receive the possession of the assets as per succession laws. Legal heirs are identified by their relation as per the succession laws unless there is a written will of the deceased for succession of his/her estate. It is a natural right envisaged by law. In your case you could have an succession certificate and have the possession of the petrol pump.
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