Want to challange sales deed made by my father
Kumar K
(Querist) 29 December 2013
This query is : Resolved
There is a property (Begusari, Bihar )in the name of my grandmother. After my grandmother expired ,my grandfather executed a will in the favor of my four brother, which is registered will as per will act in the year 1994.
My father is adopted son of my grandmother & father. My father executed a sales deed in the year of 1996 for the said properties at that time we are minor and also my grandfather alive. My grandfather also become witness of sale deed and mention in the sale deed, I have read sale deed and I agree and done signature on sale deed. After my grandfather died in 201. We applied for probate in the year of 2006 in local court and order is passed by local court in 2009.
Now my questions are as below:
1) We four brothers have right to challenge the sale deed in the court; if yes please tell me the law and procedure for that.
2) can we sell any third party of said properties ,which is already sell by my father before probate order , what action should be taken for that and law applicable for that ?
3) Can also we can reverse other sale deed executed by my father before probate order?
4) Is there any necessary to my father also do sign to all sale deed which will be get executed by us in the future for buyer?
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Firstly, your grandfather cannot bequeath your grandmother's entire estates of the intestate property in favor of his grandchildren by a registered Will, he can do so in respect of his legitimate share alone. Secondly, the registered WILL will come into force only after his death. The Will was reportedly executed in the year 1994. Your father though adopted by your grandparents, becomes a legal heir to them hence he has a right to sell his share of properties out of the intestate properties of your deceased grandmother. But, he cannot sell the entire properties without the consent or a release deed by the other legal heirs to your deceased grandmother, if he has done so and has been disputed by other legal heirs, it will be null and void, whereas one among the other legal heirs was your grandfather who himself has witnessed the sale deed executed in the year 1996, hence it is considered to be valid in law.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Now answers to your questions:
1) We four brothers have right to challenge the sale deed in the court; if yes please tell me the law and procedure for that.
You four brothers do not have valid grounds to challenge the sale deed which was executed even before the WILL came into effect because your father sold the property in the capacity as a legal heir to the deceased old lady and the same was witnessed by her husband, i.e., your grandfather, who reportedly, executed a WILL in favor of all of you.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
2) can we sell any third party of said properties ,which is already sell by my father before probate order , what action should be taken for that and law applicable for that ?
Where do you have the property to sell because you have stated yourself that it was already sold by your father?, The sale deed executed by your father is legally valid, so there are less chances to challenge it.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
3) Can also we can reverse other sale deed executed by my father before probate order?
I have my own doubt about it, I think you will not be able to challenge the sale deed executed by your father who did so in the capacity of legal heir to your deceased grandmother.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
4) Is there any necessary to my father also do sign to all sale deed which will be get executed by us in the future for buyer?
Where do you have the property to sell because you have stated yourself that it was already sold by your father?, so how will it necessitate your father to sign the sale deed which cannot be made?
I still wonder why the WILL was probated when there was no property at all to acquire/inherit? Did the WILL contain any other material other than what you have narrated here? What was the necessity for probating the WILL?, what is your lawyer's opinion about this?
Dr J C Vashista
(Expert) 30 December 2013
1. Engage a local lawyer.
2. You have no right
Rajendra K Goyal
(Expert) 30 December 2013
In the given circumstances you have no right in the said property. consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 30 December 2013
agree with experts
