Can I sell a property?
This is in regards to a property that is registered in my late father's name in Delhi which my father bought. The legal heirs are my widowed mother, myself and my married sister as my father died without making a will. After my father's passed away, someone known to us, we believe, created a forged WILL and GPOA and tried to sell the property.
Once we came to know about it. I sought help from police and filed a FIR against the person on forgery under sections 465/468/471 in 2011. The police sent the documents from this person for forensics. After 3 years the report has come back and is inconclusive and states that the speciman signature provided by us were old and hence could be the reason that they don't match with the documents from this person. The police are now going to examine he witnesses on these "forged" documents again before a chargesheet is filed. At the time the FIR was created, the witnesses stated that the signatures on these "forged" documents were not theirs.
Query: I want to know if the property in question can be sold by us (we have all the legal documents. sale deed and history as well and are in possession) whilst the criminal case is in progress.
I have been advised by our lawyer (civil) that we can sell the property however, the IO on the case states that we can't sell the property.