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Unable to sell a property due to lack of probate, advice
13-Jan-2023 (In Property Law)
In Feb 1993 I had given advance for the purchase of a house in Kolkata to its owner Ms. XX, a resident of Delhi and widow by status. Only after a month she died before the ownership was transferred. she had 2 son and 1 daughter. But while she was alive she had prepared a registered will for this house in Kolkata in favour of his elder son and elder daughter in-law only. In Nov 1993 her elder son Mr. A and elder daughter in-law Mrs. A, both resident of Delhi made the transfer deed at Delhi court on the strength of their registered will. The younger son of Ms. XX Mr. B, is a German citizen and had given his written consent to sell this house in Kolkata to his elder brother Mr. A through German Consulate. The daughter of Ms. XX Mrs.C,residing in Kolkata had also given "NOC" vide notarised affidavit. Problem is I cannot sell this property because as per buyer's lawyer the will of Ms.XX is not valid as there was no probate and I own only 1/3rd portion of the property. Please advice.
It is beyond one's understanding as to how you ended up buying the property in the way that you did. Without the grant of a probate that will is meaningless. however now the only solution available to you is too bear the costs of geeting the probate done in the name of the beneficiaries to the will. Now obviously they will have little interest in the paper work sinVe they have already got their money, in fact they might ask more now. and you have no other option but to pay and get it done with their cooperation.
You have no legal title to the property as of now.
You have no legal title to the property as of now.
Helpful?
18+
18+
Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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But first let me know that whether in the sale deed 1993 this recital has been stated there in that the seller haa only one third of the portion in the schedule property and she is transferring the same to you if not then you have all the right to own the 16 annas of share in the said property. At first actually I have to check out the sale deed of 1993
Helpful?
16+
16+
Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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