- Since the said property was a self acquired by Mr X by way of Sale deed, and further due to having legal right to transfer the same by way of WILL , Gift etc, hence the documents executed by him are having legal value , and non challengeable.
- As he mutated 6 Funtas land in the name of Mr Y, without any Transfer documents like Sale Deed/Gift Deed/Will, Hence Mr Y has not got a better title in the property as per law , becuase:
- Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another.
- The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.
- Otherside, as the said property came into the possession by way of a Registered WILL, hence after the death of Mr X , this WILL is non - challengable , and further legally it is not mandatory to be probated a WILL , hence it is safe to purchase this property.
- Yes, they can execute Development Agreement cum GPA in favour of construction company for developing flats.
- But, For a Banker , and to take loan , this documents are not enough and safe in my view.
- For banker to finance on this property , it is safe to have a Probate Order from the Court.