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FundNopolis (Commercial Finance Consultant)     07 May 2014

Probated will

My aunt has a "Probated Will" of a property from a competent court in Chennai - India. But the property is in Bangalore.

 

She wishes to sell the property because of old age.

 

Can she sell the property “as is” with the Probated Will.

 

Any legal advise is much appreciated.

 

Leonard

 

 



Learning

 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     08 May 2014

FIRST YOU HAVE TO ENTER YOUR NAME ON PROPERTY ON THE BASIS OF PROBATE ORDER, THEREAFTER YOU CAN SELL THE PROPERTY,,, IF THERE IS NO ANY CONDITION IN WILL IN RESPECT OF SELL, ETC..

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

The name of beneficiary to be registered in the property documents with the concerned registrar office after probating the Will, then she can dispose the property as per her wish.

Biswanath Roy (Advocate)     09 May 2014

On receipt of the Probate certificate from the court the beneficiary shall have to mutate his/her name in the municipality as owner of the property then only the property can be transferred by way of sale.


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