On the basis of WILL the khata of an immovable property (Site) has been transferred in the names of the beneficiary of the WILL. The concerned property is in Bangalore. Can the beneficiary sell the property at FULL PRICE? The beneficiary DOES NOT WANT TO GO FOR PROBATE CASE. Do purchasers buy such property at full price?
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1) purchasers will insist on probate .
2) if purchaser is obtaining bank loan the bank will also insist that probate be obtained of will .
3) probate does not take more than a year if will is not challenged by any legal heir . hence if you want full market price go for probate
yes why not,since the property has been transfered
If the mutation of the property has been done on the basis of a Will, it means that the other legal heirs would have given a NOC in favour of the beneficiary. However the mutation of the property can be challenged if any of the legal heir alleges fraud in transfer of property. As far as a bonafide purchaser is concerned he should be concerned about the existing title of the property.
1. Obtaining probate is the requirement of law and prudence. The beneficiary may not be interested in will, but it is unlikely that the prospective purchaser will agree to purchase the property without probate being granted in respect of it. Probate, once granted in accordance with law, puts a cap on any legal challenge to the will. If probate is not obtained then a legal challenge can be brought against the will. For this reason subsequent owners insist on probate.
2. Once probate is obtained the property can be sold at full price.
3. Obtaining probate should not be a problem since mutation must have been carried out in the names of beneficiaries on the basis of a NOC by all legal heirs.
yes, you can sell the property located in Karnataka need not be probated.
you have said above that taking probate once puts cap on any legal challenge. please explain it.
probate is judicial proof that will is genuine and it represents last wish of the testator . once you file testamentary petition notice is issued to all legal heirs . if they have no objection probate would be granted . if they oppose after hearing case on merits probate would be granted . hence it puts an end to any legal challenge
as replied
that it puts an end to any legal challenge is true for bangalore karnataka also?
Suppose in a probate case notice is sent to all the legal heirs. They do not oppose. Then notice period gets over. The case proceeds. If before the judgment is given in favor of the beneficiary other legal heirs appeal for condonation of delay, does the court grant condonation of delay?
why do you think so much just start your process and forget it
once probate is granted and no appeal is filed it would put an end to all legal proceedings . it is true for all over india .
if evidence has already been led and none of the legal heirs have opposed the grant of probate inspite of notice the court would reject any application for condonation of delay unless cogent reasons are mentioned in affidavit in support . in other words you have to explain the reasons why inspite of issue of notice you did not file your affidavit opposing grant of probate
It implies that probate once granted after contest or without contest is a proof of the validity of will. Court will issue notice of institution of probate to the other legal heirs and/or interested parties whereupon they will get an opportunity to field their own lawyer to contest your case. Court will pass its judgment after hearing them or without hearing them if they do not appear. If court orders grant of probate then it will be the end of road for them. This way probate puts a cap on legal challenge.
The above legal position holds true throughout India.
A request for condonation of delay cannot be made at the whims and fancies of opposing party at any stage of the case. Condonation is not an instrument for delaying the disposal of case. You will get the opportunity to oppose their request for condonation. Court will not allow condonation unless there is proof of the fact that court notices were not sent in the manner laid down in law.
I would like to ask Bangalore property lawyers - Even though the legal heirs who are not made as beneficiaries in the WILL, have in the recent past filed a partition case for a share and ad interim injunction and the same case has been dismissed for default, is it that there is no necessity of taking probate and that the beneficiaries can sell at full price ? Do buyers purchase such property at full price? Property is in Bangalore.
you should contact lawyers in Bangalore personally if you want further clarifications . avail of phone consultation facility provided on this website
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