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Validity of notarized registered will for buying the property
29-Sep-2023 (In Property Law)
Sir/madam, This is the seller's ancestral property, which was divided between 3 brothers. They have noterized copy of true Will. Original registered will is with another brother. How valid is the notarized copy of will for us to buy and register this property. The sellers share is clearly defined in the will, of which a part we are intending to buy. No other papers (aadharam) for this pproprty is available. Pokuvaravu and encumbrance clear to date. Thanking you
If you intend to buy this property definitly you should ask the prior document of the Will. The Will get the validity only after the death of the testator.So,the testator's death certificate must be with you.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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execution of will in favour of son excluding other legal heirs will not invalidate it'
registered will need not be proved
Admitted will need not be proved
Recent judgement of Supreme Court on will
Landmark judgement on registered will
How to prove execution of Will when both attesting witnesses are dead
A will is required to be proved by calling at least one attesting witness when it is registered
If the Will is probated through the court, then nothing to worry. Even if it is not probated, its fine. The year in which the will became valid (date of death of the executor) is also relevant. If it happened recently, then it is advisable to obtain a NOC from the other legal heirs of the person who executed the Will to safeguard from any possible litigation. It is further advisable to peruse the prior deed of the Will also.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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A Will requires no registration. Only that it takes effect after the lifetime of the testator. However, it is not clear how the property is ancestral or who is the testator. Any definite suggestion depends on further information on these aspects.
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Adv. P Venu
Vaikom | 500+ Answers
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