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Will not probated not filed in the court on record property purchased?
31-Jul-2023 (In Wills / Trusts Law)
Dear all concerned, Our grand father's will to his 2 brother appointed as a executors of the will in running oocj suit in the mumbai high both the brother filed the chamber summons in the court that in due course they will apply for probate for the will but they dint do so and they have sold the property by obtaining the consent decree from the high court this transaction is valid in the eyes of law. Also original will is whereabouts we can initiate FIR or complaint against the oposition who has purchased the property without the consent of the legal heirs of the owners. Thank you.
As per the Hindu Succession Act. the property is divided amongst window wife of deceased and children. If as per the Will, if the property was given to some other person and the brothers were just appointed executor then they cannot sell the property to anyone.
We suggest you to file a suit thereby seeking cancellation of sale deed and place the Will on record.
Further you can file a criminal case against your Grandfather's brother for cheating under Section 420 IPC and make the buyer also a party.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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