• Unregistred will

Dear Sir 

An agricultural Property near Bangalore Karnataka was transferred based on a unregistered will and the property is in possession and taxes and Mutation also done in favour of a family member. The will was produced with the Tahsildars office based on which mutation and taxes are being paid since 2014

We are planning to sell the property but the original will is misplaced or lost but copy is available.

How can one proceed to sell;;. Is a original will necessary for sale 

thanks and regards
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

- As per law, the registration of a WILL is not mandatory , and it can be written on a paper in the presence of two attesting witnesses. 

- Further, if the said WILL has been lost then you can take the certified copy of the same from the office of the Tehsildar where you produced it for getting mutation in the name of family members. 

- Further, as the said property is already mutated in the name legal heirs , then they can sell it on the ground of mutation and the said WILL certified copy 

- However, you can publish a public notice in the newspaper for the lost of WILL , for the satisfaction of the intending purchaser. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Original will would be necessary to confer clear and marketable title to property 

 

2) execute indemnity bond to indemnify buyer in case any third party claims are made 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered one 

2.  Since you are in possession of a copy of the WILL and subsequent mutation of the property is effected based on the WILL, you can sell the property in the given circumstances.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Let the legal heirs of the deceased person approach the bank, alongwith the death certificate of the person who pledged the property documents. If available, let the legal heirs carry a certified Genealogical/Family Tree.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

With the record of  mutation title deed of testator/person executing the will you can sell the property. When the there is link document  of property, will is no a necessary document  for sale of property.

 

On duplicate document  you will not get good market value for the property. When original documents are in possession of bank, and loan is cleared it is  better to first obtain documents from the bank. Issue lawyer's notice  to bank seeking document enclosing death certificate warning of legal action. Also produce Aadhar cards of  legal heirs with notice. If the bank fails to return the documents file a complaint in District Consumer Commission under new Consumer Protection Act, 2019 under which  proceedings  are very fast. You will get your originals from bank.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If borrower is deceased then legal heirs of deceased on obtaining legal heir certificate can get original documents from bank 

 

you can apply for and obtain duplicate copies from sub registrar office 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

In the absence of a registered title deed, i.e., sale deed or gift deed or settlement deed or a partition deed or any other registered document by which this property was transferred to the seller, the Will acts as the title document to prove his clear and absolute title to the property.

The mutation entry or any other revenue records are not considered as title documents.

If the Will has been lost then you may have to take steps to declare the loss of Will by first giving a complaint with the local police where the Will is reported to have been lost, then get the same published in a local newspaper, collect the copies of the police complaint, their acknowledgment and the newspaper cutting publishing the loss of the instrument and attach the same along with an indemnity bond indemnifying the buyer agaisnt the loss or any litigation that may arise in future in this regard.

You can sell the property by adopting the said legal procedures. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hi, There is requirement that Will need to registered. As per your information if the  document is genuine one then you can go ahead. Provided, the person who has possession need to lodge police complaint for loss of original will and one paper notification need to be done. Further, Plz verify in the will two witness have attested the same.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear Client, 

Yes, you can apply for a duplicate copy from the sub-registrar office. If the liability is cleared.

Thank You

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

The bank cannot return the property title documents to anyone who may claim other than the owner of the property who had pledged the same for availing home loan.

If the loan amount has been fully discharged but the borrower has died then the legal heirs or the successors in interest to succeed the estates of the deceased have to produce a legal heirship certificate from revenue department along with an application jointly seeking return of the title documents by attaching the death certificate and the receipts by which the loan amount repayment was acknowledged by bank. 

The duplicate copy obtained from sub-registrar's office is not legally valid title document especially when the original document is held by the bank and the bank is yet to give a no due certificate as well as re-register the property in favor of the claimants/borrower/legal heirs. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes you can apply

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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