Transfer of property
Pinky
(Querist) 18 August 2014
This query is : Resolved
Dear Sir,
I am planning to buy a apartment in mumbai. The first owner is Father of the individual who is trying to sell the flat to me. Father has initially made a Joint will (along with wife) wherein it was mentioned that if father dies, mother becomes the owner of the property and vice versa. The will is registered. After this, father expired and mother became owner of the flat. Later, mother made a gift deed which is also registered and wherein mother has gifted the flat to elder son who is now selling the flat to me. The owner (elder son) has 2 brothers and a sister.
My question is that the transfer of property under registered will and registered gift deed valid? or the will needs to get probated.
If i decide to buy the flat and if the seller is unable to give NOC from his brothers/sisters, then can the brothers/sisters claim any kind of rights on the property in future
Devajyoti Barman
(Expert) 18 August 2014
Will with Probate has no value.
If you buy the property then get NOC form other legal heirs ny making them party in the sale deed as Confirming Party.
Pinky
(Querist) 18 August 2014
Dear Sir,
The seller is not ready to provide NOC from his brother and sisters.
Further i understand that registered will is enough and it does not require probate. I hope i am correct. please let me know as what shall i do?
malipeddi jaggarao
(Expert) 19 August 2014
In Mumbai Probate is compulsory on the Will. They might have obtained Probate on demise of original owner i.e., father. If they give the link documents Will & Probate which passes the clear title to the mother and Registered Gift deed by mother in favour of her elder son, I do not find any problem to purchase such property from the elder son. If probate is not obtained it is better to make the other legal heirs as confirming parties in the sale deed.
Laxmi Kant Joshi
(Expert) 19 August 2014
You purchase the flat there is no need to require to obtain noc or to probate the will , the process is clear go ahead.
Rajendra K Goyal
(Expert) 19 August 2014
It is advisable to get NOC from other legal heirs. Show all the relative documents to local lawyer.
ajay sethi
(Expert) 19 August 2014
before purchasing property contact a local lawyer . better obtain NOC from other legal heirs before purchasing property
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
Even in my opinion probate of Will is compulsory in Mumbai, confirm whether the Will was probated or not, if not then the property passing on to the mother's hand is invalid, the other legal heirs may acquire right and interest in the intestate property, yes, the Will without probate is invalid in Mumbai hence the title to the property is open to all legal heirs. Therefore, as a precautionary measure, it will be better if NOC from other heirs obtained before purchasing the same. Consult a local lawyer and then proceed.
