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Can successor sell a property without transfer to him/her


15-Sep-2023 (In Family Law)
Dear Sir, My father's uncle was unmarried when he died his elder brother and sister was alive. My father has a will regarding his uncle property. The court case is going on regarding this will. But mean while my father's aunt (Bua) sell his portion to my two uncles. While this property not transferred to any successor due to will of my father. How can able to sell my father's aunt while property not transferred to her? She is also not live in the portion which he sold. Please give me advice what can i do in this situation. How can dismiss the illegal registry which is doing by my father's aunt? Regards, Saurabh
Answers (2)

Answer #1
846 votes
You will have to file a suit for cancellation of this particular sale deed by which is bua is trying to sell your father's land, having so been given to him by his chacha. You'll also have to seek an injunction against your papa's bua and other chacha's restraining them from interfering in your father's possession which is maintained in this property.
Answer #2
847 votes
Sir you have to institute a suit for cancellation of sale deed executed by your bua in favour of your uncles.But frankly speaking the doctrine of lis pendense shall be applicable on such transfers meaning thereby the validity of the transfer depends on the verdict of the case. In your case the transfer by your bua shall be subject to decision of the case of will but advissble is that you should file a case for cancellation of deed before competent civil court.

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