• Can I buy a property in Telangana which was sold according to unregistered will?

Hi,We are planning to buy a property in Hyderabad.The property was initially sold after the death of the owner of the property by his wife ,as the owner has an un registered will and bequeathed said property to his wife in his will.The vendee then sold it to the vendor we are planning to buy from.Is probate of the will mandatory in telangana?? The family of the initial vendor has applied for probate in Pune court and is in process with out any contest,but it is seemingly taking long time.Can we go ahead and purchase the property now??

If not probate what other documents can be considered?
Asked 11 months ago in Property Law
Religion: Hindu

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11 Answers

Probate is optional in telengana 

 

2) if there are no objections to grant of probate it takes around 6 months 

 

3) other legal heirs can file consent affidavit in court 

 

4) wait till grant of probate 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

It's better they go for probate. If not then take noc from all legal heirs along with indemnity bond

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

The will is considered a valid legal instrument unless challenged and disproved. Therefore if it hasn't been challenged then the transfer is considered valid and the property is undisputed. Probate isn't necessary.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Though probate of Will is not mandatory in Telangana, since the original owner i.e., the beneficiary of the said Will has already applied for probate of Will after having sold the property to a third person, it is advisable that you wait for the outcome of the probate case.  Since there are no one to object or contest the probate case, the case would be disposed at the earliest, hence you may better wait until then and go for investing in this property.  It is not known that why the original owner has approached court seeking probate of Will when she had already sold the property to the buyer long ago. So better do not take a risk in this regard. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

The first sale by the wife is without any  proper title. Wife did not have the right to sell it solely , as since the will was not probated, all the legal heirs shall be having equal right in the property and hence sale by wife alone was not having right to sell the property.   Even if the consent of  other legal heirs would have been taken at the time of sale , it would hav been appropriate.  if  probate is granted , it is necessary that on the basis of said probate once again Deed of Confirmation   be excuted with the wife and then only teh subsequent transferee shall be getting proper title. there is always a risk of other legal heirs venturing into dispute , hence , unless and untill teh legal heirs do not provide consent, you run teh risk of imperfect title. 

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

1. Registration of WILL is not compulsory. Even an unregistered WILL have the same legal validity as that of a registered WILL, if it's witnessed by two persons.

2.  Probate of WILL is not mandatory in Telengana.

3.  You can go ahead for buying the property only after obtaining legal opinion from any Lawyer.

4.  The documents required are Mother Deed, WILL, Death Certificate of the Testator, Family Tree, registered sale deed documents from the first owner to the present Vendor, tax paid receipts, Khata/Patta/Corporation record showing the present owner, encumbrance certificate for 30 years, etc.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Written consent by all legal heirs will suffice in the absence of probate as all legal heirs are ostensible owners. Following  are the documents to be checked…

  1. Original sale deed in favor of seller. (if sale deed is available, the risk of bank lean of property ruled out)
  2. Original sale deeds of seller’s seller and linking documents.
  3. Municipal records, as to whether property is mutated in seller’s name.
  4. Clearance of municipal dues, electricity dues, water cess, telephone dues.
  5. Whether the property self acquired by seller or ancestral.
  6. Legal heirs/sharers in the property of seller for obtaining consent of all of them.
  7. If property is newly constructed, the approved sanction plan.
  8. A public notice to be issued seeking objections by unknowns to purchase of property.
  9. Circle rate of property for payment of stamp duty.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

Probate shall make sound the title of the said property. So wait for it. Till the time you can do Agreement to sale.

Mukund Kumar
Advocate, Rajkot
21 Answers

Not rated

- Since, the wife of the owner was having a WILL in her favor , then by this way she was having her right to sell the property to anyone without any interruption 

- Further, probate is mandatory when there is dispute by the legal heirs of the deceased husband. 

- However, further she is not having to sell the property by way of a WILL even registered, as a property cannot be sold after executing sale agreement , WILL or GPA. 

- Check before purchasing the property , whether wife of the deceased person has sold it by way of WILL or not . If yes then don't purchase the property. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

Probate is not necessary unless the Will is contested. If you are going to buy the entire property covered under the Will, better get the original Will for your possession and custody at the time of purchase from the vendor.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

Dear Client,

                  An unregistered will is valid if it conforms to the legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence.Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn't have to be executed before a notary public.The Indian Succession Act, 1925 has no provision making it compulsory to take a probate order in case of an unregistered will. Registration of instruments is governed by the Registration Act, 1908.

Thanks & Regards

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

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