My father has expired in 2012 and he left a will as bequeath my mother. I am an NRI and staying away from home. Recently I came to know my father's property has been sold with out my intimation. I am married and I have 2 daughters. Can a property be sold with out intimation of children. will there be any implications on this.
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If the WILL stipulated only life estate in favour of your mother, then the sale made by her is invalid and can be questioned by you.
However if the WILL gave her absolute rights as a owner, then if she has sold away the property the same is legally valid and you cannot question the same.
I have got the confirmation from the Laywer who has prepared the will, he confirmed that there were no rights transferred to my mother. It was just for her rest of the life survival and her security. After that we are 2 children to my parents ie my sister and my self should be sharing equally after her life time. In this case whom do i question now will it be my mother or the new owner of the house. if so how can that be proceeded.
1) your mother was sole beneficiary under your father will
2) if you were aggrieved by your father will you should have challenged father will if signature of father was forged or will was not attested by 2 witnesses
3) filed suit for partition to claim your share in property
4) did your mother apply for probate of will?
5) if she had applied for probate notice would be issued to all legal heirs including you
6) kindly clarify
If you have complete details about the WILL, get a certified copy of the WILL, Issue a legal notice to your mother as well as the buyer, stating that the sale made by your mother in his favour is null and void. After this file a suit for declaration and permanent injunction, seeking a declaration that the Absolute sale deed Dt:_______, executed by your mother in favour of the purchaser be declared NULL AND VOID, apart from this seek for a permanent injunction.
This suit can be either filed by your sister or yourself. Both your mother and the subsequent purchaser are to be arraigned the 1st and 2nd defendant.
if there is any condition in the Will then the sale proceedings can be challenged before the civil court and you and your sister both will get equal share after her death.
It appears that your mother had only life intetest in property
2) on mother demise property was to devolve on you and your sister
3) you have to file suit to set aside sale of property by mother as she had only life interest in property
4) in the said suit make purchaser party to the suit and also seek injunction restraining sale of property by purchaser
It seems that a life interest alone had been created in favour of your mother, which meant that post her demise the property was to devolve through succession on you and your sister. As a corollary thereto, the alienation of property by your mom is illegal. The remedy for you is to file a suit for cancellation of the sale deed executed by your mother and also the buyer. The civil court can strike down the sale as illegal.
Your father had transferred his properties by a testamentary disposition before his death.
i.e., he had bequeathed his properties in your mother's favor vide a will of testament.
Therefore She becomes the absolute owner of the properties acquired by her through the said will.
She need take your consent or NOC to sell the property which subsequently became her own and absolute property.
Therefore there is no need for taking your consent or to inform you for disposing the properties on her name.
I have got the confirmation from the Laywer who has prepared the will, he confirmed that there were no rights transferred to my mother. It was just for her rest of the life survival and her security. After that we are 2 children to my parents ie my sister and my self should be sharing equally after her life time. In this case whom do i question now will it be my mother or the new owner of the house. if so how can that be proceeded.
You May first obtain the copy of the will and go through the contest and then revert to this forum with more questions.
1. If your father has transferred his property to your mother, then the said property became your mother's property,
2. Being the absolute owner of the property, your mother can deal with the same any way she feels like,
3. she is not required to intimate any of her children for dealing with her said property.
1. In that case the property was not bequeathed to your mother as stated by you in your first post,
2. As per the will of your father, your mother had living right only on the said property and she can not sell the same,
3. File a Declaratory suit immediately praying for a declaration that the said sale is illegal also praying for a direction upon the Registrar to cancel the Registration of the said sale deed.