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Vimal R   08 November 2020

Will and Property

If a Will need not be mandatorily Registered, then while buying a property how do we confirm that there is no Prevailing Will agaist the Land/Property we are about to Purchase?



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 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 November 2020

1. IF transaction is doubtful in anyway,  Ask the Property Seller to obtain Probate Decree on the Registered or unregistered WILL.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (subregistrar/supdt.(retired))     08 November 2020

A Will which is executed by the Testator whether it is registered or not is valid.

Adv Vinay Mathur + 8447131770 (Advocate)     08 November 2020

There is always a clause in sale agreement that the said property is free from encumbrance (any outsider claims on the property) or attachments and this should reflect in the agreement.
The agreement should be clear that, in the case of a dispute arising after the agreement, the seller is liable and responsible for the same.

Dr J C Vashista (Advocate)     09 November 2020

A will is piece of paper during life time of the testator.

If the Testator is absolute owner (titleholder) he / she is competent to sell.

Show the document, if any, to a local prudent lawyer for analyses and professional guidance.

P. Venu (Advocate)     09 November 2020

What is the relevance of the Will as to the property proposed to bought? Please post complete facts.

Shashi Dhara   09 November 2020

Even he drafts will and register   he has right to sell ,lease,gift etc ,after his death if no property is left ,then will is unexecutable ,it cannot be executed ,if some property is left then that  much property  is only executed.


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