1) court has to set aside sale of property by father
2) when earlier property had been sold and sale has not been set aside grandsons could not sell the property to you
3) plea of buyer is not valid as father has no right to sell the property
Sale of property by son while grandson is beneficiary as per will of Grandpa
Grandfather executed will in 1965 register in West Bengal. Grand father as per will specifically provided that his son and wife has right to enjoy but No right to sell the property. However his son sold property in 1976 while grandpa died in 1966 and executor did not reveal the there is a Wil whereby beneficaries of properties of Grandpa is grand children. .Grand children were minor at time of sell of the property . In year 2002 grand children came to know about the Will and got letter of administration as the executor was dead by then. I purchased property from Grand children as mutation was in their name however I was not aware about the incident. Further already in Land tribunal grandchildren were fighting the matter with the 1st buyer from their father. in 2013 after puchase I applied for mutation to land department however instead of giving us mutation in 2016 mutation was given to earlier deed holder who bought it from father. Query- 1. Is sale made by father is valid as Will has specifically unauthorised him from selling right. 2. Is sale by grand son to me is valid after getting letter of administration 3. I have filed a civil suit for canecellation of the conveyance executed by the father and to register land in my name 4. Is the plea of buyer from father is valid saying that purchase was made before probate or letter of admin is granted in favour of grand children in state on West Bengal
Asked 5 years ago in Property Law
Religion: Hindu
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3 Answers
Thanks for your reply sir. My follow-up questions are following- 1. As I have purchased from grand children and paid them they may not be interested in pursuing the case 2. Further I filed this case as purchaser in 2016 within limitation period of 3 yrs from purchase in 2013. So filing any new case by landlord or grand children would be out of limitation period. 3. Can I take power of attorney from landlord to pursue the case 4. Any other suggestion from you. Pl advice.
Asked 5 years ago
You should take out application to add seller as party to the suit
2) seller is formal , proper and necessary party to suit
Sir in case given above can grand children challenge a conveyance deed executed by their father who was not aware of existence of Will hence not knowing that he is not a beneficiary as per Will and has no right to sell while executed the sell in 1976. Will got surfaced only after 25 years of sell as executor did not present that after death of testator . Can buyer suffer for act of father who is a successor to property after death of grandfather and executed the sell without knowing about the Will . Further Will which got letter of Administration 2002 almost after 36 years of death of grandpa has effect of reversing any act in between done by natural successor without knowing about Will. A buyer from father being unaware of the existence of Will and bought in good faith can be made sufferer. All above is with regard to state of West Bengal. Thanks
Asked 5 years ago
Grand children can file suit to set aside sale deed executed by father
2) remedy of buyer is to sue the father to recover money paid by him with interest