Legal Question in Wills and Trusts in India
dear sir,
I have planned to buy the house in chennai. I have seen one add in paper and contacted the owner. Owner is saying he is having his father "Will" (his father is nomore now) and unregistered. And also he is having two sisters and they have given NOC (that also unregistered). But all the documents related to the property (Property tax, water tax, eb, patta) changed to his name with the help of death certificate, Will & NOC. Can I proceed to buy that property?. Please suggest us
Shenbaga
2 Answers from Attorneys
Non -registration will not affect validity of will. In India depending on location, there is a further requirement to approach court and obtain probate without which the will may not be enforceable.
It is better in your own interest to collect all the documents from the seller and consult a lawyer before registering the sale deed in order to to it the way that protects your interest completely or substantially at the least.
www.lawconcern.com
As per section 213 of the Indian Succession Act otaining probate is required for the legal enforcement of the will in your case specially when the property is at Chennai{Madras]. Other aspects relating to the title should be checked by competent legal expert.-----------Mahendra Bhavsar--www.mahendrabhavsar.com
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