LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

somebody (student)     10 January 2011

effect of probate

Hello everybody,

My query is, what is the effect of a probate in case the property in the will has already been gifted or sold lawfully to another person (bonafide purchaser). can the beneficiary claim that probate by showing a probate.

 

Note: i am trying to connect it to Section 109A of Company's Act (testamentry or otherwise). what happens if the above mentioned case occurs. if u have any judgement s in this regard kindly post asap.

thanx 



Learning

 5 Replies

Darshan Panchal (Advocate)     10 January 2011

In the first place, when the property was gifted or sold how could it have been included in the will. If the property was gifted by a registered document and same way sold by a registered deed prior to will, both became absolute if the donee or the vendee had no notice of existence of wil for want of registrationl and the purchaser was the bona fide purchaser for value. So will itself shall become inoperative and void qua the property.

1 Like

(Guest)

Where is the property located, based upon that only, it can be said that the Probate is compulsorily required or not.

1 Like

somebody (student)     11 January 2011

the property is in bombay.

Mr. Darshan.. i am taling about a case where where the property was mentioned in the will and before the will became operative ( before the death of the person who made the will) the same property was sold to a bonafide purchaser. after the operation of the will if the beneficiary obtains probate of the same property from High Court. will it be effective?? how far will it be effective?

Darshan Panchal (Advocate)     11 January 2011

The purchaser had no notice of the will so made on account of its non-registration and although it having been bequeathed to one of the beneficiaries, the purchase in all probability would have gone ahead with the name of testator appearing in records and if it was prior to will by the testator himself then certainly the sell will prevail defeating the will qua that property and likewise gift deed also if made prior to will would prevail, the rights of the bonafide purchaser having established prior to will. thats why it is always advisable to get the will registered though it is optionally registrable

1 Like

somebody (student)     13 January 2011

thanku sir for the information..

it would be really helpful if u know of any judgments in this context


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register