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Buying a residential house thru registered will deed


02-Oct-2023 (In Property Law)
I'm planning to purchase a residential house in Delhi. Sale deed is name of the seller father. seller father died and left behind a registered will deed, On basis of this will the seller mutated the property in his name now the problem is that I consult to document advocate to verify the documents and he say its all fine you can go ahead but I also consult with my friend he is a civil lawyer he told me that tell the seller to obtain probate from court Then I ask the seller for probate he said no I can't bcoz it's time consuming process and his sisters will not give noc also he has surviving member certificate and the will say that my daughters have no rights in this property so please advice me what to do in this matter.
Answers (3)

Answer #1
794 votes
Need more facts ! Is the WILL registered ? How did he mutate property under his name ? How many siblings are they ? Does will clearly show that xyz portion belong to him ? Is your mother alive ? We need to evaluate WILL, mutation deed, surviving certificate etc B in touch
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Advocate D. Khan

Adv. D. Khan

LawRato Delhi | 1000+ Answers
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Answer #2
749 votes
You may seek a detailed consultation from a lawyer having expertise in property matters. Contents of the Will needs to be legally perused before giving you An appropriate opinion on the Same. You may contact
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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Answer #3
702 votes
As per your facts, though legally there is no battle but practically there is. Will is a bit weak document which can be anytime challenged by the other legal heirs. So, if you are purchasing the property through will, it is advisable to get a document registered from other legal heirs confirming the sale and there being no claim from them. In Delhi, peobate is not complusory therefore we advice getting some declaration registered from other legal heirs.
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Advocate Deepanshu Garg

Adv. Deepanshu Garg

LawRatoDelhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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