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Right of children in parents property who died intestate


13-Oct-2023 (In Family Law)
Respected sir fo;;owing matter i require your esteemed guidance. my grandfather & grandmother died intestate in 1986 and 1994. In 2006 my grandfather's 3 sons out of 6 sons and 3 sisters purchased the property through "Sale Deed" by paying 50 thousand each to three sisters through cheque and three brothers denied to take money but requested the 3 brothers the purchaser to give land as a their share. when the purchaser denied their request out of hypertension and frustration 3 brothers signed the sale deed document without taking money though written they received the money in sale deed. My father the elder son of my grandfather who signed the registration document out of frustration died in 2010. In the sale deed it is mentioned as " the property is joint family property and you three are purchasing it as joint family and any one of you want sell his shares it should be sold within the family not to outsiders" one part of the share is sold to outsiders by breaching the saledeed. we
Answers (1)

Answer #1
885 votes
As person died intestate then property will be devolved as per succession act and equally among all the legal heir of the deceased. As one part is sold to outsider that document is null & void since its begining . It is not binding on legal heir can be cancelled in court of law.

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