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Is sale of property without probate valid under Indian Succession Act


11-Jun-2023 (In Property Law)
Whether Sale of property without probate before 2002 amendment in indian succession act is valid ? ( 1992 Registration ) ( Christian ) What are the Suspicious Circumstances in Executing of WILL ? How to Prove a Unregistered WILL ?
Answers (2)

Answer #1
730 votes
If the property has come by way of a will then the will has to be probated to prove that there is no malafide in it. It is better for the purchaser to see that the will was a real one and there is not much advantage for a registered will over un registered will.
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Answer #2
747 votes
If "will" was there and even without probating the WILL and property was transferred in 1992. Any dispute regarding the transfer is bared by law of limitation. Otherwise you should have proper reasons for dely.
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