• Is the original will valid

Status of the document which i am planning to buy
A to b sale deed (certified copy)
B to c settlement (certified copy)
C to d will registered original
I am planning to buy the property from d with the above documents can i proceed yr advice required
A,b,c not alive
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

1) Where is the chain of original documents? 

 

2) Bank would  be hesitant to give loan merely  on basis of certified copy of documents 

 

3) further  probate  of bill has had not been obtained 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Unless the will and all other documents in the chain of title are perused it is not possible to state whether title is free and marketable.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Commercial banks and financial institutions at the time of providing any bank finance for purchase of land and construction of house required previous documents.. 

Better consult local lawyer with all documents. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir you can proceed with above documents but ask for original of sale deed and settlement deed.

The original deeds if lost ask for FIR and affidavit for same.

Originals should in your possession.

Also original will is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can buy check about the title search at sub registrar office and also file about any encumbrances in the said property till date. 

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Originals are must otherwise missing police report of originals .

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

All the relevant documents have to be perused in order to render proper advice. However, in the light of the facts stated, you may rely on the documents, provided there is no encumbrance on the property and the fact of death of C is well established.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

The original registration deeds are the properties of the buyer which have to be handed over to him by the vendor.

What about the originals of certified copy?

Why are they not giving it to you?

Original registered Will cannot authenticate the original sale deed and original settlement deed.

You may insist on the originals and obtain a proper legal opinion from a local lawyer before proceeding 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

  1. Yes, the law owner has the valid paper and also the prior owner transaction  documents are also available.
  2. It means that while chain is clear and D got a clear title over the property.
  3. Still, would advice you to see if any case is not pending or any disputes in police with respect to the same property though it would be of no use as the prior persons have also been passed away.
  4. You should buy the property after conducting the above inquiries.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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