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Legal implications for purchasing an agriculture land


07-Dec-2023 (In Property Law)
i want to take 4 acre agriculture property. Seller purchased few years back from another seller. now we came to know that first seller has written will to their grand children, but later he and his sons sold to this person. Now is it safe to take this agricultural land? AFter-making will- first seller sold at later date to second seller-which is effective--- will or sold at later date? How i will get these informatin of will if it is registered or not or this property has will or not ?
Answers (2)

Answer #1
583 votes
will was only executable and come into force after the death of the testator and if the testator made the sale during his life time the will wont effect the sale and will become void and the sale will executable which was sold by testator you can purchase the property but you need to file a case nullifying the second sale on the property or else it would be a lacuna for you
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Answer #2
511 votes
The WILL operates only on the death of the testator(i.e person who has written the WILL). A person can write as many as he wants. Only his last WILL immediately before his death will be taken as a valid WILL. Of course due execution of the WILL has also has to be proved. After bequeathing property by WILL if the testator sells the property during his life time then it means he has revoked the WILL by his act of sale. So the WILL becomes inoperative. You have check the validity of sale in terms of proper title in favor of sellers by investigating into the same. A WILL need not be registered and it need not be written on stamp paper.
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