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Sale and reclaim by relative on basis of will
02-May-2023 (In Property Law)
Dear Sir,
I and two co-purchasers purchased a property 11 years back for valid consideration in money. Property was transferred by registered conveyance deed in 2009, mutated in 2010 and in our possession since then. Now the son of seller claims that by virtue of a probated will (probate ex parte in 2016 and registered will 2004 ) that land was bequeathed to him and his fathers with other natural heirs sold property had sold the property illegally on basis of natural succession since will existed.
Also, one of co purchaser did before he filed suit . What is best legal remedy ? Please provide case laws as per HIndu Law . Also what if he obtained probate without consent of all heirs on basis of fraud.
if the person who has sold the property earlier has made a will then it is fault in his part as being aware of the will be sold the same to you. if he unawarely sold the property then also it is in your favour. It seems that the probate has been obtained by fault. Best option for you is to file an appeal against the probate order.
Helpful?
Adv. Tathagata Sarkar
Kolkata | 25+ Answers
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If father is owner of land and during his lifetime he transferred the said land to any third person, the sell is valid even if he execute any will.....For further information you have to contact with advocate
Helpful?
Adv. Lucky Mukherjee
Kolkata | 50+ Answers
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