Anup bhatia (service) 26 October 2009

Sale when Matter is sub-judice

I am in possession a property wherein, one of the co-owners (my grandmother) has made a registered will in my name. There is a dispute going on between my father and his brother in the court of law on the heirship to this property. Neither of them stay with me in the disputed property. Is it possible for me to sell off the disputed property through a sale deed (since the registered will is in my name and since the property was jointly owned, a probate would not be required on the same! This is what I presume.)?

Thanks

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 October 2009

Some more clarification from your side is required. Was the property of your grand ma was ancestral or self acquired? In whose share was it joint?

based on the facts of your quarry, I suggest you to immediately become a party to the legal batle/case pending between your father and his brother regarding the alleged property. and get its probation from civil court and then do wtever u want with the property otherwise adverse order can be passed in the ongoing litigation against your interests.

m.kupparaju (Advocate) 30 October 2009

Dear Anup Bhatia there is dispute regarding the ownershikp of the property and also I presume that your grand mother is demised and once the ownership is confirmed in your grand mother name (Testator) then the property bequethed by your grand mother you can go for probate and own the property as per the court direction