Charudutt (Assistant ) 06 February 2021
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 February 2021
1. Complex matter .... needs deeper study of available documents. Kindly prefer to Coordinate with a senior experienced Civil Lawyer who specializes in Property Matters.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
G.L.N. Prasad (Retired employee.) 07 February 2021
You have to bring such alienation to the attention of the court, and as per law unless the property is divided in metes and bounds to each co-shaer, the partition is not complete. Whatever possession is with other co-sharers their capacity is trustees, for and on behalf of all co-sharers. If you have prayed for partition and for determining your share with independent possession, the partition is subject to final outcome of ultimate judgment.
The advocate that is handling the partition suit can only guide you properly in the issue The purchaser is not an innocent purchaser that has purchased the property knowing that the will was declared as null and void and he can never a valid title to the property in which your share attained finality.
This is also a crime as your brothers sold the property on a deed that was declared null and void and depending on the guidance of your advocate you may have to complain about all three and state that the purchaser is not innocent.
The advocate that has guided you in filing such a partition or declaration suit can guide you in the right direction.
Please contact him and post his opinion so that our experts can offer you their second opinion for precise guidance.
But have confidence that
Dr J C Vashista (Advocate) 08 February 2021
It is better to seek professional service of a local prudent lawyer.