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Property of decessed person

(Querist) 15 May 2024 This query is : Resolved 
Property is in the name of decessed person; but he executed a will on his wife.
now, me as a buyer going to buy the property,
but the property is still in the name of the decessed person but transferred to nominee or whom the will is executed.
It seems that will is not probated before the court of law and name transfer is not done.
Now the question is whether to buy the property since the owner of the property (as per registration department record) is no more available.
T. Kalaiselvan, Advocate (Expert) 15 May 2024
The beneficiary of the Will should first get the property transferred to her name by submitting an application to the concerned revenue department along with a copy of the death certificate of the deceased owner, legal heirship certificate, NOC from other legal heirs.
Once the property revenue records are transferred to her name, she can sell the property as an absolute owner with clear and marketable title on her name.
Advocate Bhartesh goyal (Expert) 15 May 2024
Yes, let first property should be transferred in the name of beneficiary of will and get clear title thereafter you should proceed for purchase.
kavksatyanarayana (Expert) 15 May 2024
Yes. I agree with the views expressed by the above experts.
visuiyer (Querist) 15 May 2024
Thank you ji.
Could you please advise on the timeframe within which the property owner's name should be transferred? In this particular case, the individual passed away in 2017, with the will executed in 2016, yet the name on the property deed has not been transferred.
T. Kalaiselvan, Advocate (Expert) 15 May 2024
The Will can be enforced anytime, it is not barred by limitation.
Hence if the beneficiary decides to enforce the Will, she can follow the step by step procedures as suggested earlier to get the revenue records of the property transferred to her name on the basis of Will.
P. Venu (Expert) 16 May 2024
The query is short of material facts and also, lacks clarity.
Where is the property situated?
Who are the legal heirs to the deceased? Are they disputing the Will?
Who is in possession/occupation of the property?
What do you mean by "the owner of the property (as per registration department record) is no more available." To my knowledge, Registration Department is not maintaining any such records.

visuiyer (Querist) 16 May 2024
sir ji, here is a clarification please...
Where is the property situated?
Chennai, Tamilnadu, India
Who are the legal heirs to the deceased?
wife of the deceased
Are they disputing the Will?
No.
Who is in possession/occupation of the property?
it is vacant and not occupied
What do you mean by "the owner of the property (as per registration department record) is no more available.
the owner of the property is the decessed and his leagal heir is his wife on whose
name the will is executed
T. Kalaiselvan, Advocate (Expert) 16 May 2024
You were advised to take steps as per procedures of law, instead you return to this forum with the details you have already furnished.
You may proceed as suggested and if necessary you can take the assistance of an advocate in the local to complete the process properly.


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