I bought a property in 2016 from one of the legal heirs. They got the property through a registered partition deed in 1999 with another legal heir. They don’t have a legal heir certificate. They showed me an unregistered probate copy of the will, but the property I bought isn’t mentioned. The will only mentions other properties. However, it says “My husband died leaving behind myself and my two minor children”. Can I still buy the property using the will as proof of their legal heirship? Will I face any problems in the future since they don’t have a legal heir certificate?

Apni Law
Apni Law
Law Forum › Category: Property › I bought a property in 2016 from one of the legal heirs. They got the property through a registered partition deed in 1999 with another legal heir. They don’t have a legal heir certificate. They showed me an unregistered probate copy of the will, but the property I bought isn’t mentioned. The will only mentions other properties. However, it says “My husband died leaving behind myself and my two minor children”. Can I still buy the property using the will as proof of their legal heirship? Will I face any problems in the future since they don’t have a legal heir certificate?
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Apni Law Staff asked 1 year ago

I bought a property in 2016 from one of the legal heirs. They got the property through a registered partition deed in 1999 with another legal heir. They don’t have a legal heir certificate. They showed me an unregistered probate copy of the will, but the property I bought isn’t mentioned. The will only mentions other properties. However, it says “My husband died leaving behind myself and my two minor children”. Can I still buy the property using the will as proof of their legal heirship? Will I face any problems in the future since they don’t have a legal heir certificate?

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Best Answer

Apni Law Staff answered 1 year ago

You cannot rely solely on the unregistered probate copy of the will as proof of legal heirship. The property you purchased was not mentioned in the will, and the absence of a legal heir certificate raises concerns. You may face legal challenges in the future, as the legal heirship is not clearly established. It’s recommended to consult with a lawyer to ensure the validity of the purchase and address potential issues.

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