Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Can I sell a property ?  (Read 909 times)

0 Members and 1 Guest are viewing this topic.

Offline RM

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Can I sell a property ?
« on: November 20, 2014, 10:45:32 AM »
Hi,

This is in regards to a property that is registered in my late father's name in Delhi which my father bought. The legal heirs are my widowed mother, myself and my married sister  as my father died without making a will. After my father's passed away, someone known to us, we believe, created a forged WILL and GPOA and tried to sell the property.

Once we came to know about it, I sought help from police and filed a FIR against the person on forgery under sections 465/468/471 in 2011. The police sent the documents from this person for forensics. After 3 years the report has come back and is inconclusive and states that the speciman signature provided by us were old and hence could be the reason that they don't match with the documents from this person. The police are now going to examine he witnesses on these "forged" documents again before a chargesheet is filed. At the time the FIR was created, the witnesses stated that the signatures on these "forged" documents were not theirs.

Query: I want to know if the property in question can be sold by us (we have all the legal documents. sale deed and history as well and are in possession) whilst the criminal case is in progress.

I have been advised by our solicitor that we can sell the property however, the IO on the case states that we can't sell the property.

Please advice

Offline advswagata

  • Sr. Legal Expert
  • ****
  • Posts: 135
  • Karma: +7/-1
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I sell a property ?
« Reply #1 on: November 20, 2014, 09:15:35 PM »
Whatever is mentioned in the court order should be honoured.
file an application in court seeking court permission to sell property

Offline RM

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I sell a property ?
« Reply #2 on: November 21, 2014, 02:45:34 AM »
Many thanks for your reply.

Couple of questions
1) In your opinion, will we get the permission from the court to sell the property?

2)Is it possible for the other party to sell our property on the basis of WILL, GPoA, Agreement to Sell, which we believe have forged signatures? Their documents are notarised although I am not sure if they are registered.

Thanks again for your help.

Offline advRanjithRajagopal

  • Professional legal Expert
  • ***
  • Posts: 98
  • Karma: +2/-0
  • adv.Ranjith Rajagopal
    • View Profile
Re: Can I sell a property ?
« Reply #3 on: November 21, 2014, 03:19:15 AM »
Not possible to sell with forged documents.

file an application a good lawyer can get it through for you
adv.Ranjith Rajagopal

Offline RM

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I sell a property ?
« Reply #4 on: November 21, 2014, 04:22:49 AM »
Thank you.

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India