• Full price for property

On the basis of WILL the khata of an immovable property (Site) has been transferred in the names of the beneficiary of the WILL. The concerned property is in Bangalore.  Can the beneficiary sell the property at FULL PRICE?  The beneficiary DOES NOT WANT TO GO FOR PROBATE CASE. Do purchasers buy such property at full price?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) purchasers will insist on probate .
2)  if purchaser is obtaining bank loan the bank will also insist that probate be obtained of will . 
3) probate does not take more than a year if will is not challenged by any legal heir . hence if you want full market price go for probate
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
yes why not,since the property has been transfered
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If the mutation of the property has been done on the basis of a Will, it means that the other legal heirs would have given a NOC in favour of the beneficiary. However the mutation of the property can be challenged if any of the legal heir alleges fraud in transfer of property. As far as a bonafide purchaser is concerned he should be concerned about the existing title of the property.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1. Obtaining probate is the requirement of law and prudence. The beneficiary may not be interested in will, but it is unlikely that the prospective purchaser will agree to purchase the property without probate being granted in respect of it.  Probate, once granted in accordance with law, puts a cap on any legal challenge to the will. If probate is not obtained then a legal challenge can be brought against the will.  For this reason subsequent owners insist on probate. 

2. Once probate is obtained the property can be sold at full price. 

3. Obtaining probate should not be a problem since mutation must have been carried out in the names of beneficiaries on the basis of a NOC by all legal heirs.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
yes, you can sell the property located in Karnataka need not be probated.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
probate is judicial proof that will is genuine and it represents last wish of the testator . once you  file testamentary petition notice is issued to all legal heirs . if they have no objection probate would be granted . if they oppose after hearing case on merits probate would be granted . hence it puts an end to any legal challenge
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
as replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
why do you think so much just start your process and forget it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
once probate is granted and no appeal is filed it would put an end to all legal proceedings . it is true for all over india .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
if evidence has already been led and none of the legal heirs have opposed the grant of probate inspite of notice the court would reject  any application for condonation of delay unless cogent reasons are mentioned in affidavit in support . in other words you have to explain the reasons why inspite of issue of notice you did not file your affidavit opposing grant of probate
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
It implies that probate once granted after contest or without contest is a proof of the validity of will. Court will issue notice of institution of probate to the other legal heirs and/or interested parties whereupon they will get an opportunity to field their own lawyer to contest your case. Court will pass its judgment after hearing them or without hearing them if they do not appear. If court orders grant of probate then it will be the end of road for them. This way probate puts a cap on legal challenge.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
The above legal position holds true throughout India.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
A request for condonation of delay cannot be made at the whims and fancies of opposing party at any stage of the case. Condonation is not an instrument for delaying the disposal of case. You will get the opportunity to oppose their request for condonation. Court will not allow condonation unless there is proof of the fact that court notices were not sent in the manner laid down in law.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
you should contact lawyers in Bangalore personally if you want further clarifications . avail of phone consultation facility provided on this website
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Contact Bangalore based lawyers personally after obtaining their contact number from this website.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0