When buying a property, please tell me how do I know that there is a Registered WILL for that immovable property at the Sub-Registrars Office.
TMPremkumar (Retired) 31 January 2025
When buying a property, please tell me how do I know that there is a Registered WILL for that immovable property at the Sub-Registrars Office.
T. Kalaiselvan, Advocate (Advocate) 31 January 2025
You may submit an application for title search, find out if there's anything about the Will against the property
Even if there's a Will, it will come into force only after the lifetime of the testator hence the property already sold before the Will came into force is legally valid.
Advocate Bhartesh goyal (advocate) 31 January 2025
Yes, Will comes into force after the demise of testator and during the lifetime testator has every right to transfer the property by sell or gift or can execute another will so property sold during lifetime of seller will ne deemed legally valid.
kavksatyanarayana (subregistrar/supdt.(retired)) 31 January 2025
A copy of a registered Will shall be granted to the testator only during his lifetime. After him/her, only on the production of the death certificate, it may be given to any one.
P. Venu (Advocate) 06 February 2025
What are the facts? What is the context?
TMPremkumar (Retired) 07 February 2025
Dear Sir,
Thanks for understanding my query. The context is: I want to buy a landed property. There may be chances that the land owner, who has children, might have made a Will, and registered at the Office of the jurisdictional Sub-Registrar Office. Are there are any chances to categorically know whether a Will has been made for the property? If the Will is registered, will this got reflected in the Encumberance Certificate? Thank you once again, Sir.
P. Venu (Advocate) 07 February 2025
A Will takes effect after the lifetime of the testator (owner). Hence, even if the owner has made a Will, there is no impediment for him to transfer the property at his deiscretion and execute the conveyance deed.
Moreover, it is mandatory that the Will be registered.
As such, the proposed exercise as to whether a Will has been executed or otherwise is quite unnecessary.
TMPremkumar (Retired) 08 February 2025
Thank you so much, Sir.
Now I understand that no legal heir of the Seller will confront me with a pre-dated WILL, after the SALE DEED for that property has been executed.
Much obliged, Sir