×

quesWill not probated not filed in the court on record property purchased?

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.

  • ans

    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. 

  • Draft Your Will With Expert Lawyers
    Know More

    Click here to see all Wills / Trusts Legal Services
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Wills / Trusts lawyers in India

Similar questions

Sir ,my father had sold all his ancestral property to my mother when I was…

my grandfather has two sons and two daughters. one daughter and one son was died.…

I am a female step-child of a father who died intestate. Or, rather, he left…
I want to will my will my house to my elder son who also lives…

Wills / Trusts Lawyers in India

Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years


Advocate Namrata Jayakar

  Churchgate
 Experience: 14 years


Advocate Saurabh Dalal

  Punjab and Haryana High Court
 Experience: 11 years


Advocate Riddhi Shah

  Borivali East
 Experience: 11 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly