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prashanth (a)     09 July 2012

Sale of immovable property based on will deed

Hello ,

we are planning to buy a land in andhra pradesh. This land has been given to the husband by his wife in the will deed, the wife hasnt mentioned anything about their children in the will deed, they have a son who is an australian citizen, so I want to know will the son have any authority over this property ? and this land has been bought by the wife and is not an ancestral property . also the will deed is on a plain paper which is not registered... Can you suggest me what should I do. 
Thank you sir.



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 8 Replies

N.K.Assumi (Advocate)     09 July 2012

The will of the wife is valid as will can be given in any form not necesarily on paper, but not tape recorded wills unlike western countries, as legality of tape recorded will and its validity  is still to be tested in India.The last wish of aperson through will can be given even to an animalsdehors the children, but the will has to beattested by atleast two witneses. Registration of will is optional, as such the will is valid.

1 Like

prashanth (a)     09 July 2012

thank you for the information sir, yes the will has two witnessess . so depending on this will , if i purchase the land from this man , i will probably not have any problem regarding the registration of sale deed on my name and with other things like mutation  and all.

N.K.Assumi (Advocate)     09 July 2012

Yes, provided you probate the will.

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prashanth (a)     09 July 2012

thank you sir, it will be very helpful to me if can you also tell me the process to probate the will.

N.K.Assumi (Advocate)     09 July 2012

To probate the will better engage a lawyer. All the best.

prashanth (a)     09 July 2012

thank you sir  for the help

jatin aggarwal1987 (legal officer)     13 July 2012

if it is self acquired property of the wife now deceased then will is of legal valid. and u can purchse it without any fear but they have to prove the will by to witnessess. it doesnt effect that it is unregistered.

BHADRESH SHAH (DIRECTOR)     14 July 2012

Reaspected Sir/Madam,

          My name is Bhadresh Shah. I have received one house hold property by my Uncle's last noterised will. My uncle have appointed advocate as a exicutive for his will and mantioned in will that i have original copy of will and i gave zerox copy of my original notriesed will and attested by executive advocate to executive advocate of my will in presence of two witness.

Sir, in this curcumstanses, whow can i take prbate in the court by produce of certified and notrised zero copy of my uncl's will? can court give me probate? if objection will create by some reletives against zerox,and attested copy of original notrised will,how can i prove this will is in legal manners.

Sir, your early advice in this matter is very needfull for me.I will be highly obliged.

Thanking you


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