Unauthorized sale of property -
Querist :
Anonymous
(Querist) 07 October 2011
This query is : Resolved
Me and my brother are in not in good terms for last 15 years because he has not given me any possession of our family house as i live in another city .Our father left us a Will which included the said family house which has 3 floors and one floor is inherited by me one by my brother and one is joint inheritance.Will was probated in the courts some 8 years back.
Our mutual lawyer (who is on his side and whom i don't trust) gave me the probate order and advised us both to pay court fees after the probate and also to go to registrars office within 45 days to get the title in our names.
But as we were in fights i dint pay court fees and neither went to registrars office till date. I came to know few months back that my brother has sold his share of floor to someone. Now i am been advised by a lawyer friend that -
1. He cannot sell his share of floor too as the title has not been transferred in his name as we both have not paid court fees etc.
2. Can i challenge this sale and if i challenge it now will this sale be termed as null and void and the property taken back from the buyer
OR
the sale will be legal and court will direct us to pay the court fees etc. and the property will be transferred to the buyer.
3.Could it be possible he paid the court fees alone and go to the registrar or does he needs me along with him.
4.Can he force me to come along with him to pay court fees by moving to the courts and the court directs me so.
5. If we finally have peace among us can we both still go to the registrar by paying court fees and get the title in our name or is it time barred.
R.Ramachandran
(Expert) 08 October 2011
If you want to spend your precious time in Court that is another matter.
Otherwise, it would be advisable for you both to go and pay the court fee and get the properties mutated in your respective names.
Once this is done, everything will fall in place.
R.Ramachandran
(Expert) 08 October 2011
I am sorry, this is another Anonymous query, which I attended. I will try to be careful in future.
prabhakar singh
(Expert) 08 October 2011
1.correctly told.
2.you can,but when brother subsequently acquire the title after finishing the legal
formalities the title shall be back with buyer.
3.The court has concern with court fees,so any of you or both of you can pay and go to registrar but property woud be registered as per probate judgement.
4.No,but if he pays alone ,he can claim from you and on denial can sue you also.BUT IS THERE NO EXECUTOR APPOINTED IN WILL???
5.COURT FEES WOULD PAID IN COURT.
WHY YOU DUO DO NOT DO IT MUTUALLY NOW WHEN PROBATE JUDGEMENT WAS OBTAINED MUTUALLY.NONE OF YOU CAN EAT OUT THE INTEREST CREATED BY PROOF OF WILL,THEN TO BUY PEACE ,IT IS BETTER TO DO THE LEFT JOB MUTUALLY AND PEACEFULLY.
We can not avoid on this score has i have been informed by admin.,hence do not feel sorry.Attend all that you can in your view,Mr.Ramachandran.
Querist :
Anonymous
(Querist) 08 October 2011
The chances of PEACE are tough
Can by any chance the whole sale be treated as NULL and Void and the property is returned back from buyer.
If we find peace can we go back to courts to pay court fees even after 8 years now .
Sailesh Kumar Shah
(Expert) 15 October 2011
Question:Can by any chance the whole sale be treated as NULL and Void and the property is returned back from buyer.
Answer:you can file cancellation of sale deed before the civil court.
Querist :
Anonymous
(Querist) 15 October 2011
What kind of suit is that .
