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deep (SWE)     29 January 2012

Help me, pending deal since 3 months

Dear Club members, Lawyers and Friends,

We are in a middle of a deal and need your advise very quickly. Came to know lately about this site but still im happy that i would be getting some good advise here.

We purchased a home property. The actual owner of the WIll(unregistered WILLl with 2 witness signatures) is expired and she generated a  WILL on the names of her 2 nephews(she is unmarried and she availed a reverse mortage Loan when she was alive).. Now the Reverse mortgage loan is cleared off by paying the balance amount.  When we consulted an advocate he says that the Title is not clear still and needs to file a declaration suit in the District Court. But the vendors say that the property is undisputed. We have given almost half of the amount already and now becos of the litigation the deal is pending from past 2-3 months. 

My Question is, whether if we go and register the property(worth 1 crore)with  the unregistered WILL, will there be any problem in future like, IF any other member from the same family comes out saying they are the lega heirs, or problem in getting the Loan in future or any other. IMPORTANT thing is that the VEndors(so called successors in the WILL document) are not from the same STATE . We are from Andhra PRadesh, this adds more fear to go for registration. And, so called Probate method is not there in AP as per a LAwyer.

Kindly please advise on the Situation i described and alternate solution for our problem. My family is suffering as we have given away half of the amount and the Vendors are not Responding to us.



Your Friend, Deep





 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     30 January 2012

File a suit for specific performance

deep (SWE)     30 January 2012

Hi Aravind,

thanks for the reply. But the vendors are not willing to file declaration. What could be done now? half of the amount was given to them already..




Chaitanya_Lawyer_Mumbai (Lawyer)     31 January 2012

Even unregistered will with 2 witnesses is fine.

but it is better to get the WILL probated to avoid any legal hassles later.

ask the sellers for probate of will.

deep (SWE)     31 January 2012

Hi Chaithanya, In Andhra PRadesh, Probate is canceled by the High Court. SO i think only declaration is the only option. Can any one tell me the process of Declaration, what exactly it involves and how much time it takes to complete the process after filing suit, considering the Vendor party is non- local(we r from AP and they are from MAharastra). Prperty location is Hyderabad. 

Could any one pls tell me in details




deep (SWE)     02 February 2012

pls can any one reply to my previous post(s), who have a clear knowledge in it.

Thanks in advance!

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