Yes, you can absolutely challenge a sale made by a deceased person's heir in Delhi if that sale was carried out before succession was properly established, and this is a genuinely important protection for other rightful heirs who may have been excluded or short-changed. Under Hindu succession principles as reflected in the Hindu Succession Act, 1956, when a person dies intestate, their property vests immediately and simultaneously in all Class I heirs as co-owners in defined shares, meaning that a single heir who rushes to sell the property without first establishing which share actually belongs to them can only validly transfer their own legitimate portion — any sale purporting to transfer more than that heir's actual share is void to that extent and can be challenged by the other rightful heirs.

Where the deceased left a will, the position is governed additionally by Section 213 of the Indian Succession Act, 1925, which in certain categories of cases — particularly for wills executed by Christians, Parsis, and in specific circumstances involving Hindus depending on where the will was made — requires the executor or legatee to first obtain probate or letters of administration before they can establish their right as executor or legatee in any court proceeding based on that will, meaning a sale conducted purely on the strength of an unprobated will in such cases can be vulnerable to challenge on this technical but important ground. Even where formal probate is not strictly mandatory, a buyer purchasing from a self-declared heir without verifying a succession certificate, legal heir certificate, or clear documentation of the deceased's full family tree takes on considerable risk, since other excluded heirs retain the right to approach a Delhi civil court seeking a declaration that the sale is invalid to the extent it exceeds the selling heir's rightful share.

If you are an heir who discovers that another family member sold property belonging to the deceased before your respective shares were properly established or agreed upon, your remedy is to file a suit for declaration of title, along with, where necessary, a prayer for partition and possession of your rightful share, naming both the selling heir and the purchaser as defendants. Time is important in these matters, both because evidence such as family records and witness memory can fade, and because a delay in asserting your rights can sometimes be used against you, so consulting our legal experts at Aapka Legal Advice promptly after discovering such a premature sale is strongly advisable.

Premature sales by a single heir before succession is properly worked out are unfortunately common in Delhi, often driven by urgency or a desire to exclude other family members, but the law provides clear recourse for those left out. The Top Property Lawyers in Delhi regularly handle such challenges on behalf of excluded heirs, and our panel of retired judges alongside experienced criminal lawyers is available where the premature sale also involved concealment or misrepresentation of the true family structure.

In conclusion, a sale made by a deceased person's heir before succession is properly established can certainly be challenged in Delhi, and with timely legal action supported by proper family and title documentation, excluded heirs have a strong path to reclaiming their rightful share of the inherited property.