One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Can an uncle sell grandfather's property while grandfather is alive? No. A Will has no legal effect until the person who made it dies, so it gives the uncle nothing to sell right now. Only the recorded owner can transfer the property, or someone holding a valid power of attorney from him, and a sale pushed through when the owner is elderly or not of sound mind can be challenged in a civil court.
On a Tuesday evening in February 2025, a broker rang Nitin Deshpande at his flat in Nashik and asked whether his father would sign the sale papers as well. That was how the family found out. Nitin's uncle, Mahesh, had been showing buyers a plot that stands in the name of Nitin's grandfather, Shantilal, who is 84 and lives with Nitin's parents. A price had apparently been discussed. Nothing had been signed.
There was a Will too. Nitin's father had seen a copy years ago, and the family believed the plot was meant for him. Whether that Will is registered, who holds the original, or whether a later one exists, nobody could say with certainty. We only have one side of this.
The first lawyer the family consulted said the Will "takes care of everything". Five weeks passed. The sale deed was being drafted. The family then approached the Chamber of Advocate Sudhir Rao. A notice went out to the prospective buyer and to the sub-registrar's office setting out the title position, and the transaction stalled where it stood. Advocate Sudhir Rao's experience in testamentary and property disputes is what secured that position early, before a registered sale deed could change the record.
Key Facts of the Case
- The grandfather, Shantilal, is alive and is the recorded owner of the plot in Nashik.
- A Will exists according to the family, but its registration status, custody and contents are unverified.
- The uncle began showing the plot to buyers and negotiating a price without any written authority.
- A prospective buyer's broker asked the client's father to sign the sale papers, which suggests the buyer was nervous about the title.
- Only the owner, or an agent holding a valid power of attorney, can execute a sale deed that passes title.
- A legatee named in a Will acquires no enforceable right over the property during the testator's lifetime.
- The family came to the Chamber after an earlier general-practice consultation produced no movement for five weeks.
- No sale deed had been registered when the matter reached the Chamber.
The Direct Legal Answer
Can my uncle sell my grandfather's property while grandfather is alive?
No. Under Section 7 of the Transfer of Property Act, 1882, only a person competent to contract and entitled to the property can transfer it. While Shantilal is alive, the plot is his. Your uncle has no title to pass, and a sale deed executed by him would convey nothing.
Does the Will give my uncle or my father any right right now?
No. A Will is ambulatory. It speaks only from the death of the person who made it. Until then, a named legatee has a hope, not a right, and cannot sell or mortgage the property.
What if grandfather has signed a power of attorney in the uncle's favour?
Then the uncle can execute a sale, but only as an agent. The buyer takes exactly the title the grandfather had. If the grandfather was not of sound mind, or the power of attorney was misused, the transaction is vulnerable. Section 16 of the Indian Contract Act, 1872 presumes undue influence where one person holds real or apparent authority over another.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Write down everything you know about the property before the first meeting: whose name is on the title deed, when it was purchased, whether it was inherited or self-acquired, and what the Will actually says.
Do not wait for the sale deed to be registered. Once a deed is registered, unwinding it takes years, and the buyer may claim protection as a bona fide purchaser.
Matters of this kind turn on procedural detail and documentary proof, and advocates who regularly handle testamentary and property disputes tend to spot those issues faster than a general practitioner who meets them once a year.
Applicable Sections of Law
- Transfer of Property Act, 1882 — Section 7 (person competent to transfer), Section 54 (sale of immovable property and registration), Section 52 (lis pendens, protecting the suit property once litigation begins).
- Indian Contract Act, 1872 — Section 14 (free consent) and Section 16 (undue influence), both relevant where an elderly owner's consent is in question.
- Specific Relief Act, 1963 — Section 34 (declaration of title) and Section 38 (perpetual injunction).
- Indian Succession Act, 1925 — Section 63 (execution of an unprivileged Will, requiring two attesting witnesses) and Section 213, which makes probate necessary only in certain specified jurisdictions.