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nilanjana (n/a)     14 May 2012

Property sale that has a will but no deed

I am keen on advice on a property I wish to purchase. The owner has a registered will which states that the property was gifted to him by his grandfather - however the gift deed is not there. All revenue records are in the name of the grandfather. Is sale possible with such documents?



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 May 2012

Dear Querist,

 

First of all whose registered will are we talking about ? The seller(s) if yes it is of no effect. 

If he has got the property by will from his grandfather - then you should insist that he obtains a probate of the will and mutates property in his name before even thinking about purchasing. 

 

Feel free to talk !

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nilanjana (n/a)     16 May 2012

Thanks for your reply. The probate has been obtained but they have not done the mutation. Is mutation possible without the deed?

Thanks

Adv Akhtar Ali Sheikh (Property Law Consultant)     10 June 2012

Transfer formally from executor in the will to the beneficiary, register it, get index 2, then apply to the city survey office or tahsildar for transfer in beneficiary name.

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Adv Akhtar Ali Sheikh (Property Law Consultant)     10 June 2012

Once probate is obtained you need to register a formal deed under which the  executor in the will transfer will transfer the property to the beneficiary, after which you would obtain index 2, then mutation entry can be effected by the concerned city survey officer/ tahsildar

nilanjana (n/a)     09 July 2012

Thanks for your messages. By the executor do u mean the grandfather- he has expired. Also we cannot find any reference to a mother deed. Is it posssible to buy without a title deed?

Thanks


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