Sale of property with out succession certificate / letter of administration
suresh kewalramani
(Querist) 24 January 2014
This query is : Resolved
My father died intestate in 1992.
He jointtly held a property with my brother.
Money for purchase of the flat was paid by my father.
Since my brother was to stay in that house for convinience sake my father had added my brothers name as a joint purchaser.
My mother died in Jan 2005.
My mother has willed her property to my son(only grandson in the family)
In Sept 2005 my brother sold the flat without either getting a succession certificate or a Letter of Administration NOR has he taken written consent from me NOR my son who inherits our mothers share by virtue of her will ( under probate) NOR did he even bother to inform me and my son.
Has my brother committed a criminal offence, if yes under what sec of IPC ?
Has my brother commited forgery?
Has my brother committed criminal breach of trust u/s sec 406 of IPC?
Would appreciate your views and comments
Regards
SURESH KEWALRAMANI
Rajendra K Goyal
(Expert) 24 January 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Sale-of-property-with-out-succession-certificate-letter-of-administration-449396.asp#.UuJDBbThWsw
http://www.lawyersclubindia.com/experts/Sale-of-property-with-out-succession-certificate-letter-of-administration-449391.asp#.UuJEF7ThWsw
R.V.RAO
(Expert) 28 February 2014
yes.this query was replied.
If you are confused pl. note again what LCI experts advised you.advised that brother committed criminal breach of trust and cheating and even forgery if he resorted to that.accordingly file cases through a local advocate.only issue is delay in your actions ,since it is nearly a 9 year old.
ajay sethi
(Expert) 28 February 2014
repeated query