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Author Topic: Buying flat from a Beneficiary who has property on his name in Will  (Read 1035 times)

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Offline ankit52672

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Hi All

I am looking to buy a flat from a builder *Aditya Homes Pvt ltd" in Hyderbad. The building is built on 3 plots.

Plot 1: Belongs to a deceased women, who has mentioned her husband in the will. Builder is in contract with husband.
Plot 2: Belongs to Daughter of above deceased women.
Plot 3: Belongs to another family member.

I am trying to this verified from SBI lawyers but they are asking NOC from deceased women two sons.
My question is:
1. Should I buy this flat as husband has not yet executed the will or got transferred the plot in his name in revenue record.
2. If answer of above question is "Yes", then kindly advise how to proceed with the deal or if I need to check any other papers or need to put any pre-conditions.
3. If the answer is 'No', then is there a way to resolve this.

Please let me know if you need any more info.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Buying flat from a Beneficiary who has property on his name in Will
« Reply #1 on: August 22, 2015, 02:29:32 AM »
Answer is definitely 'NO' because the executor has not got probate. After getting of probate and filed the inventories to the concern court and finally hand over the property to the beneficiary. Then the property is clear.

But you are requested to check the property after going through proper searching as well as get a 'NON ENCUMBRANCE CERTIFICATE' from a competent lawyer.

Amarnath Sanyal
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Re: Buying flat from a Beneficiary who has property on his name in Will
« Reply #1 on: August 22, 2015, 02:29:32 AM »


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