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Manjunath (Lead engineer)     08 March 2022

Buying property with will query

My Sister wants to buy a property. Below is the details of the land Can you please provide your valuable guidance?

 

1. BDA allotted plot for person A in 1983. Before the person A did registration of property he died.

2. BDA has given a new allotment letter to wife of person A in 1984 as person A had already paid money to BDA. wife of person A got the deed lease cum sale deed in 1984 in her name. and she got absolute sale deed in her name in 1994 ( after 10 years as per BDA norms).

3. wife of person A made a registered will in 1995 stating she does not  have kids and her husband is deceased and person B is looking after her from past few years and hence this plot should go to  person B after her death. 

4. Person B is a well-wisher and friend of person A and his wife but not a relative.

5. Person A’s wife died in 1999 and based on the will Person B transferred khatha of the plot to his name.

6. Person B died in 2004. He had 4 kids all them made a partition deed and this property came to kid 3 of person B.

7. Kid 3 of person B transferred khatha to his name based on partition deed in 2005.

8. kid 3 of person B wants to sell property now.

 

Can we buy this property, or do you see any issue? Thanks in advance for advise.



Learning

 3 Replies

Shashi Dhara   08 March 2022

As all the transactions is legal and no one objeected the owner ship you can buy, before that take all relevant documents (Xerox or notarised or certified )and valuable opininion of civil property advocate and proceed.

G.L.N. Prasad (Retired employee.)     09 March 2022

Get a legal opinion from any bank legal counsel so that the deed can further be used for security purposes.

1 Like

P. Venu (Advocate)     09 March 2022

To my understanding, the seller has absolute title to property. With the passage of time the Will is not at all a deciding factor.


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