Sale of inherited property
Pilli Samuel Rajkumar
(Querist) 04 June 2013
This query is : Resolved
My father had written a will bequeathing his property equally to his 5 sons and 1 daughter and mentioned my eldest brother as the executor of the will. My eldest brother has not executed the will,but had registered the will. One of my younger brothers has clandestinely sold off his portion in the building to an outsider without our knowledge based on the registered will.
Is the transaction valid? How do we retrieve the property from the buyer?
ajay sethi
(Expert) 04 June 2013
if elder brother has not taken any steps and made application for probate other beneficiaries can apply for letters of administration .
contact a local lawyer . your brother cans ell of his share in property .
Raj Kumar Makkad
(Expert) 04 June 2013
Until the partition of the property is not made, the sale of a residential house property by a beneficiary on the basis of a registered will is not valid and it can very well be got set aside by filing a civil suit.