Succession case pending, want to sold the house
Mukul Kr. Singh
(Querist) 04 December 2011
This query is : Resolved
Hi, My parents died in 1999 and i filed a case of succession to the civil judge. I am the only son of my parents. My Maternal Uncle raised an objection and filed a forged will against me claiming all the assets of my parents. Now If I sell the property after transferring it to my name through mutation process, Can he take any legal action against me or I can freely sell the property.Please suggest,Many Thanks.
R.Ramachandran
(Expert) 04 December 2011
Unless the succession is in your favour, you cannot even claim to be the owner of the property in question. Therefore, the question of getting the property mutated in your favour or selling the same just cannot happen. Even if you manage to do, it will be subject to the outcome of the case. The buyer will have the same defect. Yes, your Uncle can also file a case against you for restraining you from doing such things as you propose to do.
Nadeem Qureshi
(Expert) 04 December 2011
Dear Mukul
if you are 100% sure that the Will are forged, and you have prove then file a case u/s 420, 467, 471 IPC against your uncle.
Advocate Bhartesh goyal
(Expert) 04 December 2011
When your application for granting succession certificate is subjudice and strongly opposed by your uncle,you can not transfer/sell or get mutated the questioned property legally.Wait till the decision of court.
Sailesh Kumar Shah
(Expert) 04 December 2011
Section 52 of T.P. Act restricts to transfer property, So, after final order of the court, you can proceed accordingly.
You are also advised to lodge fir against your uncle for forged will.
M/s. Y-not legal services
(Expert) 04 December 2011
just wait till the conclusion of your pending case.,
if your uncle favor will is fake men just prove it before court of law., if you succeed mean initiate the criminal proceedings against him.,
Advocate M.Bhadra
(Expert) 04 December 2011
During the pendency of the Succession Case you can not sell the property,contest the suit as filed by your uncle with proper evidence.You can also file a Criminal Case against your uncle u/sec.420,404 and 467 if you have strong evidence.
Devajyoti Barman
(Expert) 04 December 2011
If the re is no injunction on transfer of such property you can proceed to sell the same though the rule of ' lis pendence' would apply upon the purchaser.
Arun Kumar Bhagat
(Expert) 18 January 2012
In absence of stay order you can very well sell the said property being the only successor.
Advocate. Arunagiri
(Expert) 18 January 2012
When your uncle is showing a WILL in his favour, during the judicial proceedings, no body will come forward to buy it.
The right of selling, in the absence of stay order, you can sell and your uncle also can sell. The court alone can decide the real owner. So the risk is on the buyer who bought from the unsuccessful man.
