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ashok kumar (Social Worker)     04 August 2013

Sale on the basis of will

Sale on the Basis of Will

 

Is there anything illegal in the sale of the property bequeathed on someone on the basis of the will itself or a probate is legally necessary?

 



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 2 Replies

Hemang (Advocate)     04 August 2013

The immovable property willed out can be sold without seeking the probate of the will, provided that the immovable property is not situated within the ordinary civil jurisdction and teritories of Bombay, Calcutta and Madras. However, at the same time, you should see that the "will" is not disputed by any other family members, or the disputants. If the will is disputed, then you will have to necessarily prove the facts and seek the succession certificate to the effect that such will was made in favour of beneficiary and it was the sole beneficiary. 

A.SUMATHY 9380902017 (LAWYER)     04 August 2013

If property belonged to Chennai, Mumbai, Delhi, Calcutta, probate is necssary, otherwise that will not valid.

Other area property probate is not necessary. If any dispute is arise subject to prove consent will before court of law.


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