Legal Question in Real Estate Law in India
.one power was executed at england based on joint property between brothers subsequently elder brother purchased other another half from younger brother. mother was the power agent. the elder brother sells the property to third person. now the younger brother and mother the power agent claim that they have not received any consideration for sale they want subsequent sale to the third person to be declared null and void. what are the chances to prove my case.
3 Answers from Attorneys
in case the elder brother can prove that sufficient amount was given to the other brother and mother and in a way instead of partition, the elder brother purchased the entire property, the elder brother may succeed.
elder brother could purchase the share of younger brother only after payment of consideration to younger brother or younger brother's power of attorney. if that has been done, and thereafter the elder brother sells to the third party the case is only in favour of elder brother.
The statement of facts given by you is not very clear. However, if someone has sold his/her property unauthorizedly, the sale to that extent can be challenged in court.
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