Can i revoke registered property after receiving gift deed

Bishal Kalita (Querist) 27 March 2021 This query is : Resolved
My father had registered a will of all the property he had in my name and my brother's name in 2009 .
In 2018 he sold a part of his property without removing the portion mentioned in the will and without consulting us .
He gave the buyer the status of power of attorney
My father died in July 2020
Now that property got registered in the name of the buyer
Can I challenge it after the probate case for the will is over ?
Please help

The amount paid to my father was very less compared to actual property value
Can I file a civil suit stating that the transaction was fraudulent and cheating .

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Quick Summary

A father registered a will in 2009 naming his sons as beneficiaries. In 2018, he sold a portion of the property without consulting them and later died in 2020. The property was then registered in the buyer's name. While a will only takes effect after death, the father retained the right to sell his property during his lifetime. If you suspect foul play or a fraudulent transaction, you may be able to file a civil suit, but it's advisable to consult a legal professional for specific advice.

SHIRISH PAWAR, 7738990900 (Expert) 28 March 2021
Hello,

You can challenge it if it is a fraudulent transaction. In your query, you already mentioned that your father has transferred the property so it is a legal transaction. Technically you cannot challenge it as your father has transferred the property to third party during his life time.

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ashok kumar singh (Expert) 28 March 2021
in the event if your found there was a foul play in execution of such indenture, in such even describe your story in details and place your claim in an appropriate Civil Suit before the Competent Court of Law. it is advisable to contact with the Learned Advocate in your vicinity to get resolution at the earliest.
thanks
ashok kumar singh, advocate

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Advocate Bhartesh goyal (Expert) 28 March 2021
Will comes in effect after the death of testator and before death, testator has right to sell,gift or transfer the property as per his wish.you admit that your father sold the property to someone means no cheating,no fraudulent transaction in such a situation you can not challenge the sale transaction and estopped to take any action against buyer.

kavksatyanarayana (Expert) 28 March 2021
Your father executed a Will which comes into force from the date of his death. But during his lifetime he can enjoy the property as he wishes. Only after death, the property stands as on the date of his death only be devolved among the beneficiaries.

Dr J C Vashista (Expert) 29 March 2021
Well analysed, opined and advised by experts, I fully agree and appreciate.
Will of the testator (your father) is applicable only after his death, he is competent to transfer/gift/ sell/ alienate his share during his lifetime.

Bishal Kalita (Querist) 29 March 2021
I modified the query please check and replywith your valueable suggestions

Sankaranarayanan (Expert) 29 March 2021
Noting more suggestion need , already room filed by the experts., i do endorse experts

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