Sale deed executed by a person without lawfulright

s.vinodhbabu@gmail.com (Querist) 22 September 2012 This query is : Resolved
A person was appointed as an executor of a will. The administration was completed and probate was granted. his office as executor ended. but two years later the said person again claiming to be the executor has sold a property of the testatrix. what is the weight of that document before law. in short what is the legal validity of a sale deed executed by a person without lawful right.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 22 September 2012
No sale confers any tile on the buyer if the seller has no right , tile and interest in it.

c.p.s. ramachary (Expert) 23 September 2012
A person who has no right or title can sell property if he is not authorised to do so by any document and the purchaser does not derive any title as opined by Expert Mr. Devajyoti Barman.

V R SHROFF (Expert) 23 September 2012

Shri Barman & Shri Ramacharyaji,

In this case who is entitled to sell the property lawfully?? Owner is dead.

who will challenge the act of the executor??

Guest (Expert) 23 September 2012
Depends upon the contents of the will. Was he authorised to sell property as per will to realise the cost of property to make payment to the persons destined to receive the sale proceeds?

s.vinodhbabu@gmail.com (Querist) 23 September 2012
the respective executor of the will fulfilled his office. sold many properties to settle the debts of the testatrix and accomplished other duties. probate granted and his office came to end. he himself issued a letter stating that the estate has been administered fully and handed over to the beneficiary. but after two years again falsely claiming as the executor had again sold a property stating that probate proceedings are pending and that he had to settle the debts of the testatrix. his contentions are absolutely false. this is the crux of the case. what is the validity of such sale deed.

prabhakar singh (Expert) 29 September 2012
The sale so made is not valid and is without right for which a suit of cancellation by beneficiaries would be required against executor and buyer in civil court having jurisdiction over property sold.

s.vinodhbabu@gmail.com (Querist) 30 September 2012
thanks to all legal luminaries who spent their valuable time to clarify my query.

Sale deed executed by a person without lawfulright

Similar Resolved Queries :