Property purchase -Unregistered will

Dear Client,

You should not proceed with purchasing the property, as the seller's title is highly vulnerable the property transfer relies on an unregistered Will, and the legal heirs are actively refusing to sign the sale deed, creating a significant "cloud on the title."

While the seller possesses a mutation certificate, this is merely an administrative record for tax purposes and does not confer legal title which is derived from a Will; to overcome the legal heirs' refusal and guarantee a clear, marketable title, the seller must first obtain a Probate or a Letter of Administration from a competent court to legally validate the unregistered Will against any potential future claims.

Without this court order, purchasing the property exposes you to severe and prolonged litigation.

Dear Client,
Buying a property with a dispute in its title potentially involves financial risk and legal consequences. In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. However, a beneficiary can challenge the validity or veracity of the Will on the grounds of undue influence, coercion, or fraud in making the Will before the Court. The most common legal grounds for contesting a will include undue influence, testamentary incapacity, fraudulent acts, and improper execution. The time limit for challenging a will in India is generally up to 12 years following the testator's demise. However, legal heirs may potentially contest a will at any time because the Indian Succession Act of 1925 makes no mention of a deadline. A property tax receipt of municipal corporation alone does not prove ownership of any property. The receipt serves as proof that the person has fulfilled his financial responsibility to the local authorities, not that he owns the property legally. Hence, in view of the complexity and factual matrix of the case, it is recommended to consult with an experienced property lawyer for tailored advice and steps to understand your rights and remedies in the given situation to navigate the matter effectively.