Our property inherited from our mother intestate is subjected to court case filed by our eldest brother praying for the courts granting him either full ownership of the house with the contention that mother had gifted him the title deed for the house prior to her death (which is not true) or alternatively granting him for one eighth partition share of the house in his name. The remaining seven brother and sisters, through their lawyer, have responded to the same in court and the matter is in court for settlement of the rights of inheritance as per the law. Incidentally the mutation of the property has been completed in all the inheritors name indivdually as per the law applicable in the state of west bengal
A) We would like to know whether the prayer as filed is contradicting in itself or not and what could be the interpretation of the same in the court of law.
B) In addition, as we have been approached by few interested third parties who are willing to buy our share of inheritance.
We would like to know the following:
1) Is it legally possible to sell of our inheritance rights to any third party pending the case settlement in court
2) It is necessary that we insist on the buyer to take over the cases filled against us. Is it possible to get the cases vacated against us in this way and how.
3) Could the third party fully take over the case and we get fully absolved from this case for ever
4) Prior to selling the rights of our share to any third party, do we require to inform the plaintiff that we are selling off our share of inheritance to any interested party
5) Do we need to inform the court about our action plans beforehand and get their permission
Your considered opinion is of great and added value to us and will appreciate very much for the same
