Gita Aggrawal (Nil) 04 October 2014

Sale of right or interest in unprobated will

Hi,

I reside with my family (spouse and children) in a residential flat that was owned by my late father. He passed away in 2010 with 4 legal heirs - all siblings - me being one of them.

He left a will bequeathing the flat to me and one sister. The 2 siblings who have not been given the flat have challenged the probate which is still pending in the Hyderabad High Court

My sister who is the co-legatee as per the will is the executor of the will. We have never been on good terms and she is now delaying the progress of the probate (filed in 2011) and also harasses me and my family. Her intentions are unclear.

As per the will, in case either of us wants to sell our share in the flat we have to first offer our share to each other and if they do not buy then one’s share can be sold to a outside party. I have offered to sell my share to her many times and also offered to buy her share. She has not shown any interest in either proposal.

Can I sell my share of the undivided property (or my rights / interest) to a third party, while the will is unprobated - I will sell either a 25% share which is my minimum undisputed share as one of the 4 legal heirs, or I could sell as per the will, i.e. 50%. Since I am staying in the flat with my family, I will sell my share with possession to the buyer.

Kindly advise on the possibility and problems of going ahead.

Kind regards,
Gita Aggrawal.

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4 Replies

Rangee (Lawyer) 04 October 2014

If you want to sell 50% share you have to wait till probate orders of Court. If you want to sell 25% share you may sell but which 25 % is question and buyer is put to risk you can sell 25 % share to buyer subject to final outcome of which 25% of property.

R.S.K.Singh

Advocate Ravinder (Advocate/Attorney) 04 October 2014

To Gita Agarwal,

I have gone through your issue. You have chances to win your case. But clarify me the following doubts.

1. Is the will is registered or unregistered

2. As per my knowledge, there is no probate rule in Andhra Pradesh. Only in Kolkotta and Mumbai such rule is there. Pl clarify. And give me the case no. Your sister might be challenging the will itself and not probate.

3. As Iam of the same location you can meet me easily either in High Court or City Civil Court, Hyderabad, Diwan Devdi (near to high court). Contact me 7893011777 or ravinder2345@gmail.com. My office is at Champapet (near LB Nagar).

4. After seeing your will I can answer you completely.

T. Kalaiselvan, Advocate (Advocate) 08 October 2014

You have to wait for the disposal of probate OP pending in the court for taking a decision to dispose the property. Donot hurry and do blunder mistakes which will trap you into criminal cases. Don't be misguided by anyone's flattery words. Legally you cannot sell the property (even 25% share) since the matter is before the court, it may attract contempt of court.

Rangee (Lawyer) 09 October 2014

You have every right dispose 25% share or whatever share you are entitled as per interest in the joint property pending probate of will. the interest in the joint holding property is freely transferable for meeting emergency needs of rights holder. Law is flexible is ready to find solution for the situation it cannot block any any rights unless some body obtains an injunction from the Court that your share is not be sold then you cannot do any anything.

R.S.K.Singh