Suit
anusha
(Querist) 04 May 2013
This query is : Resolved
Dear experts,
A and B are brothers. A has a property ( self acquired) and he registers a will stating that after his demise and the death of his wife the entire property will go to the children of his brother 'B'. 'A' has no children. 'B' has 8 children. after the death of A, the property was partitioned among all the 8 legal heirs. the problem is among the 8 legal heir, 2nd, 3rd, 4th, 5th, 6th and 7th legal heirs made the 1st legal heir as their power agent and sold the entire property to a third party. all this has happened without the consent of the 8th legal heir. without her consent, even that portion belonging to her has been sold out. now the third party started construction in that portion belonging to the 8th legal heir. what is remedy available to the 8th legal heir? please suggest some case law supporting this.
ajay sethi
(Expert) 05 May 2013
she cna move cpourt and seek an injunction restraining construction on said property . she can also challenegt he sale of property made by 1st legal heir as she had not executed any power of attorney in his favour
M V Gupta
(Expert) 10 May 2013
Strictly speaking the sale effected by the others relates to their shares only; there is no sale of the 1/8th share of the 8th heir. She can therefore call upon the third party to stop construction on the property and call upon him to pay for her share and obtain slae deed from her. In case the third party does not agree then she may approach the court.
