Legal Question in Real Estate Law in India

grandpa purchased his self acquired property,but we were living together. After his death he leaved a Will. Papa and uncle divided the house and sold it.Now papa is passed away,in this case we have any right and the house is sold , buyer will be not ready to give back.,he has purchased the house at the prevailing market rate.papa received some amount from buyer and now he leaved that amount in Bank . my sister and me are nominees my brother is dispossessed in Newspaper 1995 by father.but we want to gave equal share to brother.

he has 2 sons.According to papa s Will his grand sons (brother s sons are owner for one small plot.but he is not ready and to take this and want to go with legally.

please reply me, we have any right for sold house.

i will be thankful you.

Asked on 6/29/13, 10:57 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

If the buyer has paid the Stamp Duty and registered the sale nothing can be done. Now it does not make sense raising a dispute over the small plot of land that your grandfather has given his grandsons. Let the grandsons decide how they wish to deal with the small plot of land which is in their name.


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Answered on 6/30/13, 4:48 am

Jayesh Desai Jayesh Desai

Sold property cannot be recovered, as due consideration was received, as per market price.

As far as other part of Will is concerned; it can be enforced by obtaining probate.

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Answered on 7/01/13, 12:17 am

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