Probate ...

ts (Querist) 05 June 2014 This query is : Resolved
Hello,

Two brothers A and B got a probate order from the court which stated that the petitioners are entitled to Letter of Administration in respect of Will with subject to petitioners furnishing the following -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."

The list of properties given at the time of Letter of Administration/ to the court contained four immovable properties some bank accounts and one bank loan.

A and B did not fulfill any of the above said conditions laid down by the court regarding the Letter of Admin.

A without the permission of B sold of one property.

My queries are -

As the rights of the properties are entitled to A and B only after the conditions of the probate order are fulfilled as stated above, what will be the status of the sale of the property by A .

a)Will it be an invalid or void transaction if challenged by B in the court. .
b) Can a case be filed for the cancellation of the sale deed by B.
c)Does the buyer of the property has any remedy to save the sale of the property.
d)Is the probate order still valid and can it come into force after the conditions laid down in the order be fulfilled.
e)Can the legal heirs of B approach the court for the fulfillment of the conditions when both the A and B have expired.
d)Can the legal heirs of A also approach the court.
e)Can the buyer of the property also approach the court and has any remedies

Thanks.....

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Devajyoti Barman (Expert) 05 June 2014
professional query.............

Rajendra K Goyal (Expert) 06 June 2014
Professional query.

V R SHROFF (Expert) 06 June 2014
U said"I am a practicing Lawyer in New Delhi"

Guest (Expert) 06 June 2014
As a Manager of some company (as per your profile), how you are concerned with the case of A & B?

Sankaranarayanan (Expert) 06 June 2014
Answer to the question of sri Dhingara

ajay sethi (Expert) 06 June 2014
answer queries raised by Dhingraji

ts (Querist) 07 June 2014
This is my personal family case and i want to pursue the matter on my own or at least before meeting any lawyer I will like to understand the basics of the case so at least i can frame my queries for the lawyer i appoint.
A is my uncle who is expired and B was my father who too has expired.

By the way i don't have any idea regarding the usage and rules of the forums and kindly someone please guide me to that page on this site so that i can understand the parameters of this forum.
I also dint understood what was the meaning of professional query too.

I am sorry for any inconvenience to any member here.

Thanks ...

T. Kalaiselvan, Advocate (Expert) 09 June 2014
Once the orders of the court was not complied with then the subsequent transactions related to the grant of probate will stand illegal and invalid, hence the transaction of ta property sold by A will also remain invalid before law. Since both A and B are not alive now, the legal representative of the deceased can file suit against the LRs of other party seeking to declare the sale deed as invalid, by impleading the buyer also. For validity of probate, the order copy has to be seen for a proper opinion on it.

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