Will a property which was already sold before
Want to understand Law
(Querist) 31 March 2016
This query is : Resolved
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Kumar Doab
(Expert) 31 March 2016
Conveyance deed signifies transfer while sale deed signifies sale. Both confer ownership.
However it shall be certainly proper to show all docs on record to an able counsel specializing in family/property/revenue/civil matters.
As per you the property is not ancestral and probably self earned/acquired by your mother.
Your mother has not transferred whole area of the house to you.
Hence she can give away the rest to anyone in her life time.
However the WILL operates only after death.
Rajendra K Goyal
(Expert) 01 April 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Will-a-property-which-was-already-sold-before-591626.asp#.Vv4lnPl97IU
T. Kalaiselvan, Advocate
(Expert) 09 April 2016
My question is, is this will valid?
No, it is not valid because she has no property to bequeath.
Can it be disputed by brothers who are claiming ownership of house on the basis of Will. Our sale deed says my mother sold the asset;
First of all will has no come into force. You can ask your mother now also to cancel the will. Once the will is cancelled, there cannot be any dispute on it after that.
As it is there is no question bequeathing a property which is no more with her through a will, hence be free and relaxed about it.
Can my brothers still claim portion of the house, not covered in sale deed?
Yes, if no arrangement has been on it till date.
Want to understand Law
(Querist) 11 April 2016
Many Thanks to all eminent lawyers for dedicating some time to enlighten us on various legal issues affecting our life
