Property
Pradeep
(Querist) 16 August 2014
This query is : Resolved
Respected Sir,
My parents died in road accident 10 years back. My father executed a Will during his lifetime. My sister inherited a house as per that Will. Now I have applied for probate of the Will.
My sister on one hand is opposing grant of Probate (as she is eyeing larger share in my father's property)and on the other hand is trying to sell the house inherited by her through the Will.
Since the Will has not till now got legal validity (as probate has not till now been granted) is it possible to get the sale registration deed cancelled if she succeeds in selling off the house (which she inherited through the Will) through Sale registration deed?
Devajyoti Barman
(Expert) 17 August 2014
Immediately apply for injunction so either of the parties can transfer the suit property till it is finally decided.
Pradeep
(Querist) 17 August 2014
Apart from Injunction is it possible to cancel sale registration deed?
Devajyoti Barman
(Expert) 17 August 2014
Which 'sale registration deed' are you talking about?
Kumar Doab
(Expert) 17 August 2014
Answer the query raised by Mr. Barman.
The sister might have entered into 'Sale Agreement'.
If injunction is granted by court of law then then NO Party would be able to sell.
Pradeep
(Querist) 18 August 2014
My sister might have executed a sale deed selling the house. If that has already happened, is it possible to cancel that deed since the Will through which she might have sold the property has not attained legality (Probate has not been granted till now as she herself is opposing it).
Pradeep
(Querist) 18 August 2014
My sister might have executed a sale deed selling the house. If that has already happened, is it possible to cancel that deed since the Will through which she might have sold the property has not attained legality (Probate has not been granted till now as she herself is opposing it).
M V Gupta
(Expert) 18 August 2014
Even if the will is not probated, all the bequeaths made under the will including that in favor of ur sister take effect on the death of ur father. Hence it may not be possible to get the sale deed if any executed by her cancelled. Probate is only for establishing the genuineness of the will.
Pradeep
(Querist) 26 August 2014
But that genuineness of the Will has been challenged by her. Also my father has mentioned in WILL that if she contests the WILL then retrospectively properties assigned to her by WILL would stand cancelled and same would come to me with full rights.
Is it not possible to cancel that sale deed executed by my sister(if any) based on this logic???
M V Gupta
(Expert) 26 August 2014
unless the grounds on which she has challenged the will are seen, no view can be expressed on the issue raised by you.
