You should ask the seller to get probate of will, after that there would not be any dispute in future.

Without probate, the  other class 2 legal heirs can challenge the will in future.

1. As per the information mentioned in the present query, makes it clear that the seller is going by the language of the Will.
2. Though whatever he has been saying is also right, but I advice you to tell him to obtain the legal heir certificate for himself as well as for others first.
3. Then transfer the property on your name by way of sale deed accompanying with agreement to sell, and NOCs of all others.
4. If he can arrange for all these then you may have no problem in going forward and making the payment to him only.
5. But, try to get mentioned everything in the agreement to sell about the Will.

Hello, 

The will is required to be probated for him to sell the same. 

Also, note that in case he does not give the sale proceed to any of the legal heir and any legal heir can challenge the sale deed. Ask him to give post date cheques to all the legal heirs and then obtain the NOC and make a mention of the said cheque in the NOC.

Regards 

Insist on probate of will 

2) probate is judicial proof that will is genuine 

3) although probate is not mandatory in delhi advisable to obtain probate 

Hi,

Has Mr. X approached the court for Probate of will?  Without Probate he can not sell the property. Once Probate of the will is done through court, he can sell the property and distribute the sale proceeds among remaining brothers and sisters equally ( as mentioned in the will ) and in case of any deceased brother or sister, his/her child/children. Ask Mr. X to show you the will. If he has been authorised in the will to sell the property and distribute the sale proceeds among other brothers/sisters, then he can do it. Before that make sure that the will has to be produced before the district court or High court (as the case may be) of the area where the property is located, for probate.

Sir ask for probate of the will once court order is there then he can sign the transaction will be safe and further make payments in accounts and ask NOC from.hiers stating they have no Objection on transfer and consent to said transfer.

Hello,

Please type your question clearly so that it can answered.

Regards.

Dear Client,

As per the object of the WILL, he is executor and duly authorize to sell the property. If he fails to distribute the consideration, they can raise claim against him not you. For precaution, Get the NOCs from all of no objection.

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

X cannot sign sale deed unless he is an executor named in the Will

If he is an executor then he can sign on behalf of deceased owner

If he is not then it is advisable to have the siblings of the lady sign as vendors as ultimately they are the legatees entitled to sale proceeds of the property 

you need to execute NOC or relinquishment deeds from all the legal heirs in order to remove all the obstacles. also take indemnity bond from them.

There seems to be some ambiguity in the Will and its recitals. It is not known that the seller is an authorised person to sell this proeprty and whether he sells it on behalf of all others also or whether he has been authorised to sell the property on behalf of other beneficiaries also.

Hence it is advisable that the seller may be instructed to obtain probate of Will from a court competent and then sell the property as per the decree/order of the court in the probate case.

Consult a local lawyer also and take his legal opinion by producing the relevant documents before him/her.