civil

mahesan (Querist) 23 June 2011 This query is : Resolved
father executed settlement deed infavour of his elder son in the year of 2005. younger son is sold the elder son's above properties with unregitered will dated 00.00.2007. what relief entitled elder son: how can he ask the prayer before the court for his relief

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abhishek (Expert) 23 June 2011
if the settlement deed is signed by the younger son, then the sale can be challenged on this ground being null and void.

Guest (Expert) 23 June 2011
he can ask for the fraud in this regard because the younger son can not sell the part of the elder son. if the younger son have sold the part of the elder son than it cheating impersonation. the sale deed executed by the person who does not have any right to sell.

prabhakar singh (Expert) 23 June 2011
'younger son is sold the elder son's above properties with unregitered will dated 00.00.2007'
'you say sold with unregistered will'
but no sale can take effect by a will and if it is unregistered sale deed then it is void.

Kirti Kar Tripathi (Expert) 24 June 2011
Once settlement deed arrived at in the year 2005, no will whether it is registered or un registered can have overriding effect on it. you can challenge the sale deed.

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