Transfer of property in my name after father death
8 months ago
My father died leaving behind a will stating that the property must be transfered in my name(son). But now my sister( we are two siblings) who is nri is not giving me noc. What is procedure by which I can get the house transfered in my name. What are the chances that she will get a share in property which was in my fathers name. Although he clearly stated in his will that I am his only legal heir. My father already gave her 10 lac via and gold when he ws alive
A.Dear Client,
The Hindu Succession Amendment Act, 2005 granted equal rights, duties, liabilities, and responsibilities to daughters that were earlier limited to sons. This also means that the daughter's right to both ancestral and self-acquired property is legal and cannot be contested in Court. Therefore, it is irrelevant whether her father was alive or not or whether she was married or not on the cutoff date of the amendment i.e, September 9, 2005. However, if the father is alive and has transferred his self-acquired property to the sons or grandsons, then the daughters have no right to claim it. If the father died and the property has been transferred through a will, then the daughter may challenge that will in court on valid grounds if any. Section 61 of the Indian Succession Act, 1925 expressly states that a will that has been caused by fraud or coercion, undue influence, or any importunity that takes away the free consent of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged. To transfer the title of immovable property through a Will, you need to file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter The court will issue notice to all the legal heirs and ask for their no objection when all the heirs have given their no objection to the Will, the court will issue a letter of administration in favour of you. A probate is granted only to the executor appointed under the Will. Section 293 of the Indian Succession Act provides for a cooling-off period of expiration of 7 days from the day of the testator's death before probate of a Will can be granted. The entire process of Probate of Will takes at least six to nine months to complete. However, if there is any objection regarding the Will, then the Probate of Will process can even take up to 2 years to get completed, depending upon the seriousness of the objection. A will can be contested for up to 12 years from the testator's death.
The Hindu Succession Amendment Act, 2005 granted equal rights, duties, liabilities, and responsibilities to daughters that were earlier limited to sons. This also means that the daughter's right to both ancestral and self-acquired property is legal and cannot be contested in Court. Therefore, it is irrelevant whether her father was alive or not or whether she was married or not on the cutoff date of the amendment i.e, September 9, 2005. However, if the father is alive and has transferred his self-acquired property to the sons or grandsons, then the daughters have no right to claim it. If the father died and the property has been transferred through a will, then the daughter may challenge that will in court on valid grounds if any. Section 61 of the Indian Succession Act, 1925 expressly states that a will that has been caused by fraud or coercion, undue influence, or any importunity that takes away the free consent of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged. To transfer the title of immovable property through a Will, you need to file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter The court will issue notice to all the legal heirs and ask for their no objection when all the heirs have given their no objection to the Will, the court will issue a letter of administration in favour of you. A probate is granted only to the executor appointed under the Will. Section 293 of the Indian Succession Act provides for a cooling-off period of expiration of 7 days from the day of the testator's death before probate of a Will can be granted. The entire process of Probate of Will takes at least six to nine months to complete. However, if there is any objection regarding the Will, then the Probate of Will process can even take up to 2 years to get completed, depending upon the seriousness of the objection. A will can be contested for up to 12 years from the testator's death.
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A.Dear Client,
In India, the transfer of property through a will is governed by the Indian Succession Act, 1925, and the property laws can vary based on the specific state you are in. Here's a general overview of the situation you described
Validity of the Will: A will is a legal document that allows a person to specify how their property should be distributed after their death. To be valid, a will must meet certain legal requirements, such as being in writing, signed by the testator (the person making the will), and witnessed by two or more witnesses. If your father's will meets these requirements, it is likely to be considered valid.
NOC (No Objection Certificate): A No Objection Certificate (NOC) is not usually required for transferring property to a beneficiary as per a valid will. However, it's important to check the specific rules in your state as property laws can vary. If your sister is refusing to provide an NOC without reasonable cause, it might require legal intervention to enforce the terms of the will.
Chances of Contesting the Will: In India, a person can challenge the validity of a will by claiming that it was made under undue influence, coercion, fraud, or when the testator was not of sound mind at the time of making the will. If your sister contests the will, she would need to present evidence supporting her claims. However, if the will was properly executed and your father was of sound mind, it might be difficult for her to successfully challenge the will.
Gifts and Advances: Gifts made by a parent to their child during their lifetime are common in India and are often considered as advancements from the parent's share of the property. These advancements can be factored into the distribution of the estate when calculating shares among legal heirs. However, if your father clearly mentioned in the will that you are the sole legal heir, it could override any claims based on advancements or gifts.
Legal Action: If your sister is contesting the will or refusing to comply with its terms without justifiable reasons, you might need to consider legal action. This could involve filing a suit in court to enforce the terms of the will and ensure that the property is transferred to you as per your father's wishes.
Thanks
In India, the transfer of property through a will is governed by the Indian Succession Act, 1925, and the property laws can vary based on the specific state you are in. Here's a general overview of the situation you described
Validity of the Will: A will is a legal document that allows a person to specify how their property should be distributed after their death. To be valid, a will must meet certain legal requirements, such as being in writing, signed by the testator (the person making the will), and witnessed by two or more witnesses. If your father's will meets these requirements, it is likely to be considered valid.
NOC (No Objection Certificate): A No Objection Certificate (NOC) is not usually required for transferring property to a beneficiary as per a valid will. However, it's important to check the specific rules in your state as property laws can vary. If your sister is refusing to provide an NOC without reasonable cause, it might require legal intervention to enforce the terms of the will.
Chances of Contesting the Will: In India, a person can challenge the validity of a will by claiming that it was made under undue influence, coercion, fraud, or when the testator was not of sound mind at the time of making the will. If your sister contests the will, she would need to present evidence supporting her claims. However, if the will was properly executed and your father was of sound mind, it might be difficult for her to successfully challenge the will.
Gifts and Advances: Gifts made by a parent to their child during their lifetime are common in India and are often considered as advancements from the parent's share of the property. These advancements can be factored into the distribution of the estate when calculating shares among legal heirs. However, if your father clearly mentioned in the will that you are the sole legal heir, it could override any claims based on advancements or gifts.
Legal Action: If your sister is contesting the will or refusing to comply with its terms without justifiable reasons, you might need to consider legal action. This could involve filing a suit in court to enforce the terms of the will and ensure that the property is transferred to you as per your father's wishes.
Thanks
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