Legal Question in Real Estate Law in India

This is regarding a property purchased by my father in his name. we are 2 sisters and 2 brothers. The property was sold to one party signed by only wife and 3 children stating in the sale deed that my father had executed a WILL saying that property belongs to my mother, where the WILL itself is not done by my father. If at all WILL was executed it was Registered nor Probated. Out of 4 Children in the family tree structure one signature was missing. The Person 'X' who brought the property has sold to another person 'Y'. 'Y' has constructed a building and residing in the property.

The child who has not got any share of the sold property has a kid who has attained her majority.

Kindly let me know how can this child get the share of the ancestral property and whom to be made the parties.

If a Notice to be issued to whom it should be issued.

Kindly help me out in this regard.


Asked on 1/06/14, 6:53 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

The child may issue a notice to all I.e. to

Mother, three children (who have signed the

Sale deed on the basis of alleged WILL) to X and to

Y demanding 1/5 (one fifth) share collectively

from all, jointly n severally.

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Answered on 1/06/14, 7:39 pm


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