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deep (SWE)     29 January 2012

Please advise on the pending deal


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


 2 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     29 January 2012

Hi Deep 

u didnt mention where is d property located 

it is necessary to get probate from which u register ur property 

u can go for declaration suit also no harm in that .....



deep (SWE)     29 January 2012

Hi abhi,

Property is located in andhra Pradesh. Probatory is not implemented in AP as far as i came to know.

Can yu pls tell us iwhetherDeclaration suit should be filed by ourselves or by the Vendors? And, how much time it would take to complete the whole process nearly?

Also, what could be the next step from ourside if the Vendors are not ready to file declaration. We already came to know from there behaviour n speech, that they r not ready to go for declaration. In this case any other alternative?

Pls reply,

Thanks, Deep

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