Hi Sir, Last month we bought a property "P1" at chennai. The property "P1" was purchased by Mrs X (lady) by her own self acquired fund at 1978. Both X and her husband Y died one after another. Husband Y died first and wife X died next in the same year 1979. While wife X is dying due to critical illness, she made a unregistered last WILL to transfer her Husband's(Y) properties "P2 and P3" to their minor children "A"(son) and "B"(daughter) in equal rights. She appointed five of her relatives as a guardian in the WILL. She made a WILL thinking that her husband's relatives would give trouble to their children in enjoying her husband's property "P2 and P3". Please note that she didn't mention her own property "P1" in the WILL. After her death, the guardians of the WILL probated the WILL in the madras court at 1982. Once the minor children became major, they partioned their parents properties vide partition deed registered at 1999. In that partition deed, they included her mother's property "P1" as well. The daughter B obtained the mother's property P1 in the above said registered partition deed. She obtained patta, chitta, adangal (revenue records) for the property "P1" in her name at 2015 only. Here the question comes, I purchased the property P1 from the daughter B at 2016. They showed me the probate of properties "P2 and P3" as their legal heir proof but it doesn't contain the property P1. I satisfied with the WILL as it contains the words "My husband died leaving behind myself and my two minor children A and B". I purchased only half of the P1 so i didn't get the orginal parent document but i have seen that in their hands and verified it. They were ready to give the orginal document if i purchase the full property .Will I get any trouble in the future as they are not having legal heir certificate or probate copy of other properties is enough as a supporting document?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
On X death her two children would be the legal heirs
2) registered partition deed has been executed wherein property standing in name of deceased mother went to her daughter B
3) B woukd be absolute owner of property and was entitled to sell the property to you
4) obtain certified copy of will and probate granted by HC for your record
5) you should not get into trouble for purchase of property from B
Thank u Ajay Sethi sir for ur detailed answer. Hope u noted that seller don't have either legal heir certificate or probate of will for the property I purchased. What's the procedure to get certified copy of probate of will at madras high court? Do I need to engage a local lawyer or I can directly apply for it?. Heard from somebody that only WILL owners can apply for certified copy of probate. Is it so? Please clarify.
1) there is registered partition deed between the legal heirs on mother demise which would protect your interests
2) the will mentions she has only 2 children and she bequeathed her share in husband property to them
3) in the will there is generally a residuary clause which mentions that i give residue of my estate to the beneficiary mentioned in the will
4) certified copy of the probate of will can be obtained from the seller
1. Since mother i.e Mrs.X had died intestate her property i.e P1 devolved through succession on both her children equally. So after her demise both of them could have executed the partition deed to divide this property.
2. No legal heir certificate was required to partition the property P1. The title of this property will flow out of the partition deed executed between the heirs of Mrs.X.
3.The certified copy of the probate can be obtained only by the executor or the beneficiaries of the will.
Here the question comes, I purchased the property P1 from the daughter B at 2016. They showed me the probate of properties "P2 and P3" as their legal heir proof but it doesn't contain the property P1. I satisfied with the WILL as it contains the words "My husband died leaving behind myself and my two minor children A and B". I purchased only half of the P1 so i didn't get the orginal parent document but i have seen that in their hands and verified it. They were ready to give the orginal document if i purchase the full property .Will I get any trouble in the future as they are not having legal heir certificate or probate copy of other properties is enough as a supporting document?
The purchase is legally valid based on the narration you have made above.
The legal heirs have been established in the Will itself hence you need not go behind it at this stage.
The property which was not included in the will also devolves on the legal heirs hence they are the absolute owners having marketable title to sell their respective shares in the properties. .
The partition deed between the heirs confirms their respective titles.
Your purchase can be a legally valid one subject to getting the property documents scrutinised by a local lawyer and having a legal opinion to the property on all other aspects which might have missed your attention.
Hope u noted that seller don't have either legal heir certificate or probate of will for the property I purchased. What's the procedure to get certified copy of probate of will at madras high court? Do I need to engage a local lawyer or I can directly apply for it?. Heard from somebody that only WILL owners can apply for certified copy of probate. Is it so? Please clarify.
For getting a certified copy of probate from Madras high court you may have to engage the services of an advocate though whom you may file a chamber's summon case to get the certified copy of the probate order.