Legal heir certificate and sale of proporty of deceased mother

CH Nalini devi (Querist) 08 December 2013 This query is : Resolved
My mother deceased in 2003. There was a prperty in her name.After the death of my mother a legal heir certicate was obtained which includes the name of my father, 5
sisters and one brother. In 2006 all of the legal heirs excluding my self transferred the property in my mothers name
to the husband of one of my sister by sale deed. All of them signed the sale deed. What is remedy for me and the validity oflegalheir certificate obtained in 2003. I came to know the incident recently.

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ajay sethi (Expert) 08 December 2013
you can challenge the sale of property to your brother in law .since you are one of the legal heirs to your mother property your consent is necessary for sale of property .

Rajendra K Goyal (Expert) 08 December 2013
Challenge the sale deed. You may claim your share.

prabhakar singh (Expert) 08 December 2013
As on death of your mother ,who was owner, the property devolved upon her husband as well as on all of her daughters and son(you alone)equally.

Since in sale deed executed in 2006 your all sisters and father signed as vendors but you did not,the sale is valid only for their share and not for your's.You are still owner of your share along with buyer as joint owner.

In my view your remedy is to claim a partition of your share from buyer(your brother in law)and if he denies then file a suit of partition since your share would not be deemed to have been as you did not sign the sale deed.

R.K Nanda (Expert) 08 December 2013
nothing to add more.

Guest (Expert) 08 December 2013
Well advised by Experts

Raj Kumar Makkad (Expert) 08 December 2013
I do agree with the advice of the experts so no more to add.

malipeddi jaggarao (Expert) 10 December 2013
Agreed with expert Shri Prabhakar Singh. Have a talk with your brother-in-law and ask him to give your share or consideration for your share. If he does not agree, you can file a suit for partition including your brother-in-law (the purchaser) and all other legal heirs (the sellers) as parties to the suit.