Legal Question in Real Estate Law in India

Dear Sir,

We are owner of the inherited property as per WILL. Our father has made agreement and has done sell did but as per WILL he is not the owner of the property. We have filed case against our father and has got STAY ORDER from city civil court. But the buyer has intentionally transfer name in TAX BILL and ELECTRICITY BILL. We already had given objection against this name transfer. But i would like to know whether agreement is considered as valid as father is not owner of the property as per WILL. Does agreement done by my father as well as name in TAX BILL and ELECTRICITY BILL means we are not owner of this property?. Property is with us at present and there is stay order. Inspite of being stay order name was transferred. What we should do in this case please guide us


Asked on 9/23/10, 4:24 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

change of name in tax bill or electricity bill is not going to help the buyer if your father had no title in the property. The agreement is null and void. You have to maintain your possession in the property. If they have voilated the stay order, you may contempt of court as well as pray for cancellation of transfer in the tax and electricity bills. No one can convey a title better than himself. Your father had no title. therefore he could not have conveyed any title. Buyer will have no right in the property except that he may claim the refund of money from your father.

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Answered on 9/23/10, 9:02 am


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