Legal Question in Wills and Trusts in India
Property Dispute
My grandfather had left a flat for each of his sons.Recently my father sold his flat and after some days we got a letter stating that my uncles has registered a case against us since we didnt offer them to buy the flat first and that according the papers which they have only the elder brother can see the property.My father is second among his brothers. I wanted to know what would be the validity of this case since my father has sold the property which belongs to him. What should i do in this case.Could you please provide any suggestion.Thanks
3 Answers from Attorneys
Re: Property Dispute
What was the mode thru which your grand-father left behind the properties. Was their any Will executed by him. We need to examine the entire process of devolution of title before we can arrive at a more conclusive and cogent opinion.
Re: Property Dispute
Th answer depends on terms under which the property was given to your father. If any right of pre-emption is involved, your uncles may be right.
Anyway, since the matter is already in the court, it will be incumbent upon you to get services of a lawyer, who will look into the terms under which your father inherited the property.
Re: Property Dispute
First you have stated that your grandfather had left five flats to each of the sons.
is there a will or what is the modus he has given this by way of Gift.if it is aGift no conditions will apply.
please check the paper in which your grandfather had left this flat if there is any condition.
To my knowledge the purchaser who purchased this flat would have got the papers scrutinised and checked, there may not be any condition attached to this flat, otherwise the buyer would have hesitated to purchase the flat.
in any case please see a lawyer near your place he will guide you.
regards
B.Balasubramanya.
Advocate.