Tareena 08 July 2023

Sale agreement on basis of will

My uncle had registered a will for all his property in my name. My uncle passed away last year and I am now willing to sell a piece of land which I got as part of will. I have submitted the application for transfer of land in my name and I have been told that the whole process will take about a month when Tehsildar finally approves the Intkal. I have buyer who have given me token for the land and are now asking me to sign the sale agreement. I had clearly mentioned at the time of taking token that the land is still in my uncle's name and needs to be transfered in my name as per the will.

My question is, can I sign the sale agreement before the final approval from the Tehsildar? Can it cause any legal troubles for me if I do so. The property broker and buying party are saying that the transfer is just a formality and I should sign the agreement right away.

Thanks In Advance

Tareena

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5 Replies

Advocate Bhartesh goyal (advocate) 08 July 2023

You have become owner of your uncle's property by virtue of his registered will so you have every right to transfer your uncle's property to anyone irrespective of fact that property is still your uncle's name.you can execute sell agreement on basis of your uncle's will.

T. Kalaiselvan, Advocate (Advocate) 08 July 2023

There is no problem in entering into the sale agreement, you may wait until the name is transferred in the revenue records to execute the sale deed later on, in the name of the buyer.

Dr. J C Vashista (Advocate ) 09 July 2023

Wait for proper transfer of title (ownership) of the property in your name.

R.K Nanda (Advocate) 09 July 2023

don't sign sale agreement till property is transferred in your name

P. Venu (Advocate) 11 July 2023

In my considered view, the property has already been vested with you. Mutation of the property on basis of the Will does not amount to a 'transfer'. It is the well settled legal position that entries in revenue records are primarily concerned with the levy of land revenue assessment and such entries are not absolute as to title to the property. In other words, mere entry in revenue records does not create or destroy rights or title to property. So also, absence of entry in revenue records do not alter or destroy rights, title and interests already vested in in property by operation of law or acts of the parties.