Sale deed excuted when property in court
kishore
(Querist) 08 May 2012
This query is : Resolved
sir....
A( A is owner of the property located at hyderabad ...and registration on her name...she written willdeed in 1999..next she cancel willdeed to B....A DIED LATER..but property is own earned property not ancestral property )
B ... (B the adopted daughter( i mean no registration done as adopted daughter but she born and live with till her marriage)
C...( C is the A's husband brother ..i mean he is a family member ...next C ..challenged in court abut case on B ..THAT WILLDEED BY A IS CANCELLED ..NEXT HE IS OWNER OF THE PROPERTY).....
later the property was in possesion of B....next while the property is in dispute B made a saledeed agreement with new person X...)
....i wanna know that B has any right sell the property to X..the property which was is court case....
is this valid transaction or not...next they B and X made unregistered saledeed agreement ....whether i wanna is this valid transaction...is there any criminal case to book on B and X selling of disputed property in court....
next how to stop rents collected by X....from property....
Adv.R.P.Chugh
(Expert) 08 May 2012
Dear Querist,
1. If the will was cancelled, the property on death of woman goes exclusively to her daughter (adoptive or natural) being the class 1 legal heir excludes all.
2. C has no rights until and unless, he assails the adoption of B, and if he successfully does so - then he being the heir of her deceased husband - gets the property.
3. For your knowledge - an adoption deed is not required to be compulsorily registered. If otherwise intention to give and take child or in other words transplant child from one family to other is proved that suffices for adoption.
Feel free to talk !
Shonee Kapoor
(Expert) 09 May 2012
Can not be sold till the case is running.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 10 May 2012
Section 52 of the Transfer of Property Act prohibits any party to suit wherein the title to the property is disputed, from transferring the property without permission of the court.
adv. rajeev ( rajoo )
(Expert) 08 May 2012
