LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh (dddfs)     25 February 2011

Sale through Unregistered Will Deed

Can a person in pocession of an Unregistered Will deed in his favour sell the property based on this document.

He is in pocession of the property, unregistered will deed and the link documents.

Please advise.



Learning

 7 Replies

Sridharan (station in charge)     25 February 2011

Yes. The person who is having a undisputed 'will' in his favour and who is already in possession of the

property 'willed' to him can sell the property for a consideration. This is subject to the following conditions:-

The author of the Will should have died.

The Will should be probated if the property is situated in the Metro cities like Chennai or Bombay.

adv. rajeev ( rajoo ) (practicing advocate)     25 February 2011

Yes he can sell the property which he has got thru., the will. Unregd., will and regd., have got same value.

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     27 February 2011

I agree to my above learned friend's view.  However, the Registration of the WILL is not mandatory.  But, if probatetd, it fetches the good value in the event of dispute of WILL. 

Furtherance, i do have query in this regard, that any WILL  made subsequent to Registered WILL, whether susequent WILL shall stand /persist in the court of law, in the event of death of the person?? 

Regards,

Sujit S. Bhalekar

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     27 February 2011

Sorry, miss the line : The subsequent WILL made is a unregistered one.

 

regards,

 

Sujit S. Bhalekar

Sridharan (station in charge)     28 February 2011

Whether registered or unregistered, in my opinion, the latest WILL will only stand in the eyes of law. All the 

earlier wills will stand cancelled automatically, 

Rajesh (dddfs)     01 March 2011

Dear All

Thanks you for the responses. As most of you are confirming that one can sell. This information will be usefull.

Thanks once again.

deep (SWE)     29 January 2012

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. Thanks, Your Friend, Deep


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query