Will deed not registerd
naresh chamarthy
(Querist) 07 July 2013
This query is : Resolved
respected sir. iam naresh from hyderabad
iam purchaging a property throught will deed
(that was not registerd)is it safe.iam trying adding total family mumbers in sale-deed for better titile and avoid future complications.register can allow all family mumbers names in sale-deed.or he can arise any problam. how can i proced.they donot have family member certificate or court order for confirmation of the family mumbers information .please advice me
Devajyoti Barman
(Expert) 07 July 2013
Yes, you are doing the right thing. If you add all the family members there would not be any chance of future dispute.Make them declare in deed that there is no other legal heirs except them.
prabhakar singh
(Expert) 07 July 2013
"iam purchaging a property throught will deed(that was not registerd)is it safe." IS THE STATEMENT BY YOU WHICH IS QUITE CONFUSING.
DO YOU MEAN TO SAY THAT SELLER'S TITLE IS BY AN UNREGISTERED WILL?
Then you state".iam trying adding total family mumbers in sale-deed for better titile and avoid future complications."IS ANOTHER STATEMENT BY YOU WHICH IS ALSO QUITE CONFUSING.
DO YOU MEAN IGNORING THE UNREGISTERED WILL
YOU ARE TRYING TO MAKE SELLERS ALL FAMILY MEMBERS.?
LOOK REGISTRAR WOULD NOT DENY REGISTRATION
THAT NUMBERS ARE SELLERS ARE LARGE.
BUT CRUCIAL POINT IS THAT AS BUYER YOU NEED TO TRACE THE ORIGIN OF TITLE OF SELLER(S). LAW PUTS ON YOU A DUTY OF DUE DILIGENCE.
FIRST TRACE HOW THE PERSON WHO HAS WRITTEN
UNREGISTERED WILL WAS OWNER THEN GO BACK TILL YOU GET THE ORIGIN.TO ASCERTAIN ALL HEIRS(WHOM YOU ARE CALLING FAMILY MEMBERS)OF THE PERSON WHO HAS WRITTEN UNREGISTERED WILL,YOU NEED TO KNOW DID HE LEFT A MOTHER/WIDOW/SON(S)/DAUGHTER(S)/OR THEIR HEIRS ON HIS DEATH?
WAS PROPERTY IN HIS HAND AS HIS EXCLUSIVE?
IS PROPERTY FREE OF ALL ENCUMBRENCES ?WHICH YOU CAN VERIFY BY A CERTIFICATE OF REGISTRAR PAYING PRESCRIBED FEES FOR 30/60
YRS.
BUT BEST COURSE WOULD BE TO ENGAGE A PROPERTY DEALING LAWYER WHO WOULD DO ALL THIS FOR YOU AND MAKE A REPORT FOR YOU WHETHER TO GO AHEAD OR NOT.
Rajendra K Goyal
(Expert) 07 July 2013
Registrar will register the property, sellers may be in nos.
Well advised by the expert prabhakar singh ji, advise is practical.
For being extra cautious you may proceed to get the will probated and the property to be purchased be mutated in the names of legal heirs first.
Advocate Ravinder
(Expert) 07 July 2013
By name it seems you are hindu. As per Hindu law there are two properties one is self acquired and another ancestral property.
If the property is self acquired, there is no problem in buying the property basing on will (though unregistered) because there will be only a few legal heirs.
But if it is an ancestral property, the problem arises. The legal heirs upto 4 generations can claim the property of their ancestros. So, naturally it is very difficult to find out the names of all the legal heirs, their children and grand children.
So the best thing is (in case of ancestral property) ask the present legal heirs of the deceased seller of the property to file a declaratory title suit in the civil court making all the other legal heirs as defendants and get a court decree. Basing on this you can purchase the land.
Advocate Ramesh
(Expert) 08 July 2013
Apart from will, whether you will get parent deed of that property. and in registration whether you mention as per will deed or as per deed. These are the thing you must clarify. If you get parent deed of that property along with the unregistered will. Then no problem at all.
