Will
robert
(Querist) 25 February 2012
This query is : Resolved
Can a "will Holder" sale a property in respect of which an unregistered "will" is left by his uncle without going for probate?
Sudhir Kumar, Advocate
(Expert) 25 February 2012
One can bargain out his interest in a property by way of WILL
Sudhir Kumar, Advocate
(Expert) 25 February 2012
One can bargain out his interest in a property which are created by way of WILL conferred in his favour. But all WILLs are subject to challange on varius grounds
Advocate M.Bhadra
(Expert) 25 February 2012
Without granting of WILL by Court through a Probate Case is not valid WILL,no matter of registered or unregistered.
prabhakar singh
(Expert) 25 February 2012
In which location the properties are.??
At many places obtaining probate is a legal
requirement while at others the same is optional.
from buyer's point of view it is not safe to buy any property from a person claiming to be owner through any WILL, registered or unregistered,UNLESS THE WILL IS PROBATED.
Raj Kumar Makkad
(Expert) 25 February 2012
Will holder shall have to first of all get the will probated only then he shall be able to sale such immovable property.
Rajeev Kumar
(Expert) 25 February 2012
Will shoud be probated first then right of will holder come into force legally. Without probating the will you are not entitled to sale the immovaable property.
Deepak Nair
(Expert) 25 February 2012
I endorse the common opinion of the learned experts above.
ajay sethi
(Expert) 25 February 2012
if buyer has engaged a lawyer he will insist on a probate . if on other hand buyer is a layman he may purchase the property . please note that if property is in mumbai advisable to obtain a probate
Chanchal Nag Chowdhury
(Expert) 25 February 2012
Yes. If U can find a fool or a local tough with extra-constitutional powers, as a buyer.
robert
(Querist) 25 February 2012
thanks to all of you for your reply.It has been a great help but just want to clear ......can we file an F.I.R for cheating against the will holder for selling the property or entering in an agreement for sale, because the will holder could not get the property after it went through a probate. And what can we do for the buyer who purchased the property in good faith and given advance?
robert
(Querist) 26 February 2012
thanks a lot.
J K Agrawal
(Expert) 26 February 2012
Dear Sirs
There is no any law which says that "a will is not effective unless probate of that is obtained" Probate of a will is not necessary at all if no dispute is there.
It is required only when a will is challenged by any person or one has a doubt about genuineness of a will.
Grant of probate is only a facility enlarged by the law to provide confidence among parties and if they wish so they can avail this facility. They are not bound.
Will you please suggest me any section in The Indian Succession Act which caste a duty to get a probate of will?
sanjeev murthy desai
(Expert) 28 February 2012
Probate of will not necessary unless executor appointed under such will.
sanjeev murthy desai
(Expert) 28 February 2012
In my view your complaint may be don't have good merits and subsequent purchaser ll become absolute owner. Hence you have only right to file suit for challenge the will
shivam......
(Expert) 29 February 2012
There is no any law which says that a will is not effective unless probate of that is obtained. it is precautionary measure on behalf of buyer to ensure that will may not be challenged subsequently and to avoid future litigation with respect to will..
Kirti Kar Tripathi
(Expert) 01 March 2012
I endorse the views of Mr. Agrawal. But it is better to get probate in order to avoid future complications.
M V Gupta
(Expert) 08 March 2012
I feel the learned experts have not noticed the new fact mentioned by the querist. In his posting 11 days ago he asks whether purchaser of the property file a FIR against the will holder because he did not get the property in the Probate proceedings. Generally the probate proceedings are for determining the genuineness of the will. So it is not clear how the will holder could not get the property, if there is a bequeath in his favor. It is possible that there is a misrepresentation by the will holder that the property is bequeathed to him which was not verified by the purchaser. If this is correct, the purchaser may sue the will holder for refund of the money paid to him for the property with interest. So far as cheating is concerned, the success will depend on various facts, in particular the purchaser's contributory negligence in not verifying the will may weaken the charge of cheating.
