Will vs. sale deed
vinod bansal
(Querist) 23 June 2009
This query is : Resolved
R/members
I purchased a property & vendor(Lady) executed will in my favour & possession was also handed over to me later on vendor expired leaving her husband ,two sons,one daughter & they are ready to cooperate me.,now i want to got execute sale deed in my favour on the basis of will ,what procedure i have to adopt.plz help Thanks in anticipation.
A V Vishal
(Expert) 23 June 2009
You cannot execute a sale deed in your favour on basis of the will, you need to take a probate for the same and get the property transferred in your name. This process is thru court.
But your query is conflicting, you say that u have purchased the property and also claim that the vendor has a will in ur favor, which one of your statement is correct.
Manish Singh
(Expert) 23 June 2009
the said things are prevelant in case the property is a lease hold one. Mr Vishal has rightly suggested you to get the will probated since the question of sale deed shall not arise anywhere.
after probate, file an application to the municipal corporation or any other authority, as the case may b,for mutation of name and the mutation shall be done on your name.
Y V Vishweshwar Rao
(Expert) 23 June 2009
You can execute and Register a Sale Deed in your favour from all the legal heirs of your Vendor admittign the sale made by your Vendor( late ) and receitp of the entire sale consideration and delivery of possession to you ! There will be no other legla heir or succesor to dispute your rights !
Manish Singh
(Expert) 23 June 2009
yes mr, Rao's opinion is most suitable fr yr case. since it will not make you roam around court fr years.
just get a sal deed signed by the wife if he has no major son/daughter.
but do kee in mind, if the propert is on lease, make sale deed concening leaseold rights and not the property itself.
Swami Sadashiva Brahmendra Sar
(Expert) 23 June 2009
when legal heirs are accepting the will and also ready to cooperate you, you should apply for mutation straightway. if you opt for execution of sale deed then also you will have to go for mutation. then why you want to expend in paying huge stamp duty !
Swami Sadashiva Brahmendra Sar
(Expert) 23 June 2009
Further, going for sale deed means there is no will at all. if existence of a valid will is accepted then legal heirs have no right and title in the property , so, how they can execute a valid sale deed ?
Uma parameswaran
(Expert) 25 June 2009
You can apply for probate and if the legal heirs have no objection they can write relinquishment deed. Then you become the complete owner of the property. It is expensive and has to under go various formalities to get sale deed .So I think Relinquishment deed and probate is favorable for you.
