• Taking back property

my father did a will of property in favour of family members about four years back. he got the property from his own income..... the will was duly regisetred.... within one week of the will... a tenant of one shop managed to buy  the shop from him by burgarding him ... and father did registry in his favour and he got mutation of the property too in his favour. father took no family member in his confidence about this transaction not even the family member to whome he gave the shop in the will... it is not clear whether he got the full consideration of the property or not.... memebrhe was not using the shop just put his waste material in the shop...after some time,  the tenant sold the shop to the other person.... now father expired.....about one year before the death, e gifted the property in my favour other than the above shop... i got mutation of thais property too in my favour...
do i have any option for taking back the shop from them... 
do i have any legal option available with me....
kindly advice...
Asked 3 years ago in Property Law from Dehradun, Uttarakhand
tenant is absolute owner of shop  since father sold it to him by registered sale deed .once shop has been sold to  tenant  he  had full rights as owner of property to sell it to a third party . your father could not have executed gift deed in your favour for said property as he was no longer owner of the shop . you have no legal case
Ajay Sethi
Advocate, Mumbai
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1. As per the facts furnished by you, your father made a will of his property in favour of his family members, and within a week of the will being made by him he sold the property to another person. The tenant was the legal owner of the shop as it was validly sold to him by your father through a sale deed registered in his favour. He could thus have further sold it to any one.

2. When did your father die? The date of death of your father is germane to decide whether it will be possible now for you to bring a legal action for recovering this property on the basis of the will made in the favour of your family members.
Ashish Davessar
Advocate, Jaipur
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444 Consultations
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