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MGrandfather died about four years ago, grandmother’s incompetent lawyer has been hounding me to sign an NOC for the transfer of the property (which stated that I’d read his Will, but really hadn’t). Refused to send me a notarized copy and hasn’t done so since. I have a few questions –
1. What happens if I continually refuse to sign the NOC and the apartment isn’t yet transferred onto her name (which is supposedly the case, and causing her issues)
2. Is it possible to contest the legitimacy of the Will? If so, how? What does a probate involve? And can I do this from abroad? I haven’t been in India for a few years now
3. Is it possible to sign the NOC under a condition that my share of the proceeds is transferred to me? I’m the only legal male heir, the other heirs include my aunt (father’s sister, father died many years ago) and my mother. Both of them signed the NOCs sent to them. How do I ensure that I get my share?
I’ve been getting fed sob stories about how the society will put a lock on the apartment if it isn’t transferred soon, and that there’s some sort of hearing due to happen in a few days.
Thank you so much
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PAs a practicing advocate, here is what I think on your case:
1. Refusing to sign the NOC will delay property transfer, but the claim of society sounds like pressure tactics rather than legal reality.
2. Yes, you can contest a will’s legitimacy from abroad through a legal representative with power of attorney. Grounds include improper execution, undue influence, or testamentary incapacity.
3. A conditional NOC protecting your inheritance interests is legally viable but requires careful drafting to be enforceable.
Most important is their refusal to provide you the will copy. No doubt, It is a red flag. I recommend requesting the will copy as your absolute first step before any signatures.
Feel free to reach out for more tailored advice!!
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