We want to buy a house property from a brother and sister. The property is situated in Chennai. The house property is the self acquired property of their father who is no more. Their father had originally willed the property to the brother in 1993 while reserving life interest for his wife. The will is a registered will. But when he died in 2001, it has not been probated. Later, since the sister was widowed, the mother and brother had jointly executed a settlement deed in favour of the sister in 2008 and she has been in possession ever since. Later the mother passed away in 2009. Now the sister says she will execute a release deed in favour of the brother for 50 % of the property and then the property will be jointly sold to us by the brother and sister. The death certificates of the father and mother are available. The legal heirship certificate of the father from the Tahsildar's office specifies the mother, brother and sister as the only legal heirs. The legal heirship certificate of the mother specifies the brother and sister as the only legal heirs.
1) What is the significance of the original registered will not being probated ?
