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is property sold with out probate or will is valid
07-Aug-2023 (In Property Law)
i am a tenet in rajkot, owner died in year 1994 she had 5 child 2 son and 3 sister both the son applied the heir certificate and made a sale deed on that bases and sold the property to third party with out probet or Noc of 3 sisters is this a valid document on this base they appired in the court and fighting to vacent my place can you please guide i tried to explain this to my lawyers but they don't wish to understand being small place and lawyer partners in good property i will never find right answer
As per your query, probate of will is important and if the property was sold by the legal heirs without the probate and proper execution of will then the other legal heirs at any time may challenge such transfers of property. Since in your case the will was not probated then the sisters can challenge the execution of will. You cannot raise objection to the same as the ownership can only be challenged If one of the legal heir once in to raise an objection. Till then the owner on paper has the right ask you to vacate the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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