• Validity of sale through will without death certificate

I need a legal opinion regarding a property purchased recently in Tamil Nadu.
In 1981, a person executed a registered Will bequeathing a property to his wife.
The Will was never probated.
In 1995, after the testator’s death, the wife sold the property to another party based solely on the registered Will.
That buyer later sold it further, and after two more transfers, I have now purchased the property. There is not mention of death certificate in any of these transactions or date of death of this person who executed the will. 
My questions are:
- In Tamil Nadu, is producing the testator’s death certificate mandatory for the validity of the wife’s sale in 1995 ?
- Since the earlier transactions did not include the death certificate in the chain of documents, does this create any legal risk for me as the current purchaser?
-As I am not buying directly from the wife (the beneficiary under the Will), does the absence of the testator’s death certificate at earlier stages affect my title or create scope for future disputes? Or is it my onus or responsibility to get the death certificate.

Kindly advise on:
Whether the earlier sale remains valid without the death certificate being part of the title chain.
Whether I, as the current purchaser, need to obtain or insist on it now.
Any due-diligence steps, precautions, or legal remedies recommended at this stage.
Thank you.
Asked 1 month ago in Property Law
Religion: Hindu

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6 Answers

Yes it’s valid unless challenged on grounds of fraud 

It’s better the current purchaser take’s indemnity bond

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Under succession law, the beneficiary’s title vests immediately upon the death of the testator, not upon production of a death certificate.

The Will + fact of death is sufficient in law; the death certificate is only evidentiary, not constitutive.

The wife’s sale in 1995 is not invalid merely because no death certificate was produced or recited.

The Registration Act, 1908 does not require production or annexing of a death certificate for registration of a sale deed.

Probate not compulsory in Tamil Nadu except if the property is located within Chennai City.

The latest amendment to the succession act diapensed with the necessity of mandatory probate even in the presidential cities viz.  Bombay, Calcutta and Madras.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

In Tamil Nadu, production or annexing of a death certificate is not a statutory requirement for the validity of a sale executed by a beneficiary under a Will. Unlike the Presidency towns of Chennai, Mumbai and Kolkata where probate is compulsory for Wills dealing with immovable property, probate is not mandatory in Tamil Nadu. A registered Will, once acted upon by the beneficiary after the death of the testator, is legally capable of being relied upon for conveyance even without probate or a death certificate being produced before the Sub-Registrar.
The Sub-Registrar’s role is limited to registration of documents, not adjudication of succession. If in 1995 the wife, as sole beneficiary under a registered Will, executed a registered sale deed, that sale is not rendered invalid merely because the death certificate of the testator was not annexed or referred to in the document. There is no provision under the Registration Act or Transfer of Property Act which makes mention of a death certificate in the chain of title a condition precedent for validity.
From a legal standpoint, the death of the testator is a fact, not a document-dependent event. The Will operates upon death; the absence of the death certificate in the document chain does not negate the operation of the Will if the fact of death is otherwise undisputed. In practice, especially in older transactions (1980s–1990s), it was very common for properties to be sold on the strength of a registered Will alone, without annexing or even reciting death certificates.
Coming to risk assessment for you as the present purchaser:
The absence of the death certificate in earlier transactions does not automatically create a defect in title. Title has since passed through multiple registered conveyances over decades. Courts apply the principle that long, uninterrupted, registered transactions create a presumption of validity unless a challenger proves fraud or forgery. Any person seeking to challenge your title today would have to first disprove the Will itself or establish that the testator was alive at the time of the 1995 sale — which, after 30+ years, is practically and legally extremely difficult.
Importantly, you are not purchasing directly from the Will beneficiary, but through subsequent bona fide purchasers for value. This gives you additional protection. Even if a theoretical defect were alleged in the 1995 transaction, courts are reluctant to unsettle long-standing titles where third-party rights have intervened and possession has changed hands multiple times.
As to whether it is now your responsibility to obtain the death certificate:
Legally, it is not mandatory for you to procure it for your title to be valid. However, from a best-practice due-diligence perspective, if the death certificate is easily obtainable from local records, it is advisable to obtain and keep it on file. This is not to “cure” a defect, but to pre-empt future objections during resale, bank loan processing, or buyer due diligence. Many banks and cautious buyers today ask for it even when the law does not strictly require it.
If the death certificate is unavailable (very old death, non-registration of death, or records destroyed), that by itself does not weaken your title, especially given the age of transactions and multiple conveyances. In such cases, title opinions typically record that the Will has been acted upon since 1995 and the chain is uninterrupted.
Recommended precautions at this stage:
• Ensure you have a clear Encumbrance Certificate covering the entire period from at least 1981 till date.
• Retain copies of the Will, the 1995 sale deed by the wife, and subsequent sale deeds.
• Obtain a professional title opinion recording that probate was not mandatory in Tamil Nadu and that long possession and transfers exist.
• If feasible, obtain the death certificate and keep it as a supporting document (not as a corrective measure).
• If resale or financing is planned, disclose upfront that the title flows from a Will acted upon decades ago — transparency reduces future friction.
In summary:
The 1995 sale is not invalid merely because the death certificate was not part of the title chain. Your title is not defective solely on that ground. You are not under a legal obligation to obtain the death certificate now, though doing so is a prudential step if practicable. Given the age of the transactions, multiple transfers, and the legal position in Tamil Nadu, the risk of a successful future challenge on this ground alone is low.

Yuganshu Sharma
Advocate, Delhi
1124 Answers
4 Consultations

1) The sale in 1995 is likely valid due to the 30-year presumption rule regarding registered documents (Section 90 of the Indian Evidence Act), but the title is technically defective due to the missing death certificate

 

2)To transfer property based on a Will, the seller must prove the testator passed away to activate the Will.

 

3)If the Will was registered, and the sub-registrar accepted the sale deed in 1995 without questioning the death of the testator, the document is registered.

 

4)Tamil Nadu, if the Will is for a property located in Chennai, it must be probated. If it is outside Chennai, probate is generally not mandatory unless specifically required.

 

5) the death was not registered in 1995, a death certificate can still be obtained now through a delayed registration process (with an order from an Executive Magistrate or Tahsildar)

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

Will-Based Sale Without Death Certificate—You're SAFE

Death certificate NOT mandatory.

  • Title vests by law at testator's death, not by producing certificate

  • Certificate is just evidence, not the source of title

Your title is protected:

  • You hold registered sale deed (3rd transfer in chain)

  • Registered deeds create independent title; absence of death cert in 1995 sale doesn't invalidate yours

  • Registered will is presumed genuine

Bottom line: Your registered deed chain protects you. No obligation to obtain death certificate. Your title stands.

Shubham Goyal
Advocate, Delhi
2224 Answers
17 Consultations

- If the said Will is registered in the deceased wife , and there is no dispute against the said Will by any of the legal heirs during this period then it is valid. 

- The submission of death certificate is not mandatory , as the said Will is not challenged , and a Will can be executed after the demise of testator. 

- Under the Under the Limitation Act, a Will can be challenged within a period of 12 years after the demise of the testator. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

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