1 Answer
Dear Client
The ability of the grandchildren to contest the sale of the property will depend on the nature of the ownership of the property and how it was inherited, rather than just the fact that it was owned by the great-grandfather or grandfather.
In case, it was ancestral property, then, it can be argued that the children have a subsisting interest in the property and that such an interest cannot be done away with due to the sale of the property by the grandmother and one son.
However, if the property became the grandmother's absolute property through a valid succession, partition, release, gift or other legally effective transfer, the grandchildren may not have an independent right to challenge her sale merely because they are grandchildren.
The fact that the grandmother changed certain property records into her name is therefore not, by itself, conclusive. The original title documents, succession records, mutation entries, Will (if any), partition/release deeds and the documents by which the property was transferred to the grandmother should be examined.
Since the sale occurred only a week ago, you should obtain certified copies of the relevant title and sale documents and have them examined promptly. If there is a genuine subsisting legal interest, an appropriate notice may be sent and consider seeking a declaration, partition, cancellation or injunction, depending on the circumstances.
One must not assume that being the grandchild necessarily confers any right in the property of one’s grandparents; what is important is the kind of title and its chain.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.