Legal Question in Real Estate Law in India
Hi .. I own a flat at versova.. my grandfather has made a will on my name & also a power of attorny ..he died 8 yrs ago & my name is there as nominee on share certificate..society transferred d flat to my name 6 yrs ago..but the problem arose now wen i want to sell it..The party who wanted to buy it took the papers to a private bank which initially approved it but later said its not probated.. i lost d customer later on i found out that The indian succession act -1925 was ammended in year 2002 ACT - 26 which states that probate is not required for INDIAN CATHOLICS & MUSLIMS. I am a catholic & so dont require probate.. now if next party wants 2 buy .. if i hand him over copy of d latest ammendment act 26 wth my flat papers will d bank approve on it..may be i lost d previous deal bcoz the legal team were not aware of the latest ammendment..so i have 2 questions to ask u..
1) wat shld i do 2 sell my flat , will any bank grant loan to customer on my flat based on latest ammendment
2) my grandfather's will does not hav EXECUTOR..only benificary..i read sum website its fine..but jus wanted to confirm...pls answer my question as im v confused & every lawyer iv visited gives me different advise & most of them dnt knw abt d latest ammendment.. plsss help thanx
1 Answer from Attorneys
take a rprobate from the high court as banks they ask for probate
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