Will validity and any other documents needed?

645 votes

Since the patta, chitta stands in his name there seems to be an effective transfer of name. Further, you have checked EC for 50 years and found no discrepancy. Therefore, obtaining Legal heirship certificate is not necessary. However, if the area is large and if you want to keep all the records right, you may go for it.

With regard to checking about any pendency of court case, it is suggested to get a separate affidavit from the seller (though it is mentioned in Sale Deed that there are no pending cases on the property).

If you still wants to be 100% sure, you can publish at local newspapers regarding your intention to purchase the property and seek objections (if any).

LawRato LawRato

757 votes

First of all you have to check and confirm if the testator of the Will was having marketable title to the property bequeathed in favor of the beneficiary through the said Will.
Next whether the Will is enforceable and whether it was acted upon by the beneficiary by transferring the revenue records and other records on his/her name properly and also on whose name and since when the title holder is having the property in his/her name?
You may have to confirm how did the seller's mother acquire title to the agricultural property and when?
For ascertaining about the litigation or dispute, it is always better to approach a local lawyer by producing all the documents and have his opinion, if you hesitate to follow this step for the purpose of additional expense, you may have to spend ore in the future for the possible litigation that may arise if the papers are not proper.
Dont rush up things and handle patience while investing into huge assets like this.

Advocate T Kalaiselvan LawRato