Dear sir, this is the situation.. One farmer is selling his land 1acre to me.. but he got this land by way of Veelunama (by will) from his father brother... When he is as a minor... But he has brothers and father as well.. What kind of litigation may come from this property in near future... Who can sign consenting signatures
Ask seller to apply for probate of deceased uncle will
2) probate is judicial proof that will is genuine
3) notice would be issued to legal heirs
4) if no objections are received seller would get probate of the will
5) probate does not take more than 6 months if there is no contest
If it's a registered will i dont think any issues will crop. But any issues can be cropped at anytime even if you have proper property papers
If the testator of the Will is alive then the Will cannot be enforced, thereby the beneficiary cannot acquire the property that has been bequeathed in his favor.
This implies that this person do not have title to the property hence he cannot sell the property to which he do not have any rights or title to sell the same.
If he is not having any rights to sell the property then there is no purpose solved even if you obtain a consent signature from anyone close to him
Better refer the property related papers before a local advocate and get a pinion before hand and proceed only if recommended.
Sorry I gave little information as due to no knowledge.. Here who ever gave will has got expired after few years.. Farm land mutated in land revenue records then and there within few years... Now land is his name only... But he has brothers ....does any issue come with brothers
Your uncle wife ,children , his siblings can claim share in property
hence advised you to ask seller to apply for probate of will
No. I don't think so.
1. It's not clear in your question as to whether the seller is Hindu or Muslim?. Reason being if the Seller is Muslim, then the Testator (who executed WILL) had to reserve 25% of his property exclusively for his wife and the remaining 75% property only could be willed to the present seller.
2. If the seller were to be a Hindu, then the Testator could have willed the entire property to the present seller if it were to be the self acquired property of the Testator. However if the property in question is an Ancestral property, then the Testator could execute a WILL only in respect of his share in the Ancestral property and not in respect of the entire property.
3. Get the property papers evaluated by a Lawyer and solicit his opinion before moving ahead.
If the property is mutated on seller’s name on the basis of will, you can purchase the property. There will not be any legal problem for you in future. Since the property is mutated on his name without any objections from other legal heirs, they cannot take any objections now for sale of property per to you.
Once the Will has been enforced and the revenue records and other records with the concerned authorities in respect of the property bequeathed in the Will has been transferred to the name of the beneficiary, the beneficiary becomes the absolute owner.
Any dissatisfied person is agitating the Will. It may not be maintainable.
At this stage it is barred by limitation as well.
- If this land was an ancestral property , then the said WILL is not valid , and only if this property was purchased by the testator then only WILL is valid.
- Further, if there is more legal heirs , then they can claim their right over the land after filing a partition suit before the court.
- Further, if this WILL is already probated from the district judge court then it cannot be challenged , and hence if not probated , then tell the seller to file a Probate petition before the court for making that WILL legally valid and non-challengeable.
Hi, by virtue of Will is also one of the mode of transfer of property. Here, the property will be transferred after death of the testator. It is better you can approach local advocate and get an legal opinion.
