Sale of property with out succession certificate / letter of administration
suresh kewalramani
(Querist) 24 January 2014
This query is : Resolved
My father died intestate in 1992.
He jointtly held a property with my brother.
Money for purchase of the flat was paid by my father.
Since my brother was to stay in that house for convinience sake my father had added my brothers name as a joint purchaser.
My mother died in Jan 2005.
My mother has willed her property to my son(only grandson in the family)
In Sept 2005 my brother sold the flat without either getting a succession certificate or a Letter of Administration NOR has he taken written consent from me NOR my son who inherits our mothers share by virtue of her will ( under probate) NOR did he even bother to inform me and my son.
Has my brother committed a criminal offence, if yes under what sec of IPC ?
Has my brother commited forgery?
Has my brother committed criminal breach of trust u/s sec 406 of IPC?
Would appreciate your views and comments
Regards
SURESH KEWALRAMANI
ajay sethi
(Expert) 24 January 2014
was probate obtained of the property willed to your son by your mother ?
what were you doing for 8 years? you ought to have immediately challenged the sale of property . when did you come to know about sale of property?
file complaint against your brother for cheating (section 420) , criminal breach of trust *section 406) . if signatures have been forged case of forgery is made out .
suresh kewalramani
(Querist) 24 January 2014
Will is under probate
Query about change in ownership was made in 2002 with the society before the sale of the flat.
The society was aware of the fact that their were other heirs to the estate of my father being my mother and me yet they did not reply and transferred the flat on my brothers name and even transferred to the purchaser
Registrar of societies also wrote to the society asking them to give me inspection of documents
Again the society failed to comply with the order of the registrar
Has my brother committed a criminal offence ?
Would appreciate your views
ajay sethi
(Expert) 24 January 2014
was nomination made in favour of your brother by your father . please clarify .
when did you come to know about fraud played by your brother ?
suresh kewalramani
(Querist) 24 January 2014
my father had not nominated my brother
in or about year 2002 and since then I , my lawyer and the registrar of societies wrote to the society but the society failed to take cognisance and did not even bothher to reply
Rajendra K Goyal
(Expert) 24 January 2014
Matter has been delayed and can effect the case.
Contact a local lawyer and show him all the documents.
Rajendra K Goyal
(Expert) 24 January 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Sale-of-property-with-out-succession-certificate-letter-of-administration-449391.asp#.UuJEF7ThWsw
http://www.lawyersclubindia.com/experts/Sale-of-property-with-out-succession-certificate-letter-of-administration-449386.asp#.UuJEoLThWsw
