Cancellation of sale ...

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved

My father and his brother being the only legal heirs got a will probated among themselves in which it stated that the Letter of Administration will be issued subject to deposit of court fees and a surety.
As my father and my uncle were not in talking terms they did not pay the court fees and produced a surety and neither went to registrar to get the Titles of the properties marked in their names. Now my uncle has sold his undivided share in one of the properties of the Will without doing the above mentioned formalities.As per my knowledge the title should not be transferred to their name till court fees is not paid
1.Will this sale be legal.
2.Can i challenge the sale and get the property reverted back to us by paying the seller the consideration value on the sale deed.
3.Can my uncle sell his rights in the undivided share before the said formalities.
4. Can my uncle give a power of attorney regarding the above said undivided rights in the property and also the possession of the said property.

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prabhakar singh (Expert) 11 October 2011
i remember you have posted same query earlier also then why this new thread?????
Go back to old thread to ask if some thing not clear but no answer would be given here at all by any of us.i condemn this mischief.

Querist : Anonymous (Querist) 11 October 2011
No mischief sir i posted in that thread too but after waiting for few days as everyone had stopped answering the final queries there so i started here. Any way appreciate for the help and would request for the final answers. Thanks ...

prabhakar singh (Expert) 13 October 2011
1.It can not out right be said illegal .

2.If it is residential dwelling in which you reside ,it is quite possible.

3.Yes ,so long there is no injunction order obtained by you against him that he be restrained to sale till final partition is not arrived at.

4.Like any body your uncle can execute a POA,with sale right and to deliver possession also but not of family dwellings .

There is another way to look your case if your father and your uncle were the only heirs left by your grand father then even they fore go to claim under will ,under hindu succession Act also they have the same right 1/2 each,then it gives them election either way.

Querist : Anonymous (Querist) 13 October 2011
Thanks a lots,
1. sorry the answer was not clear please.

2.No its not a residential dwelling.

3 and 4. If they have not paid court fees how can they have the rights to that property as its clearly mentioned that probate is subject to payment of court fees.

They were not the only legal heirs as per the Hindu succession Act. they had a sister too who was not given anything in the Will.

Thanks Again.

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