• Sons share in fathers property

My father inlaw died last year without a will .my motherinlaw and sister inlaw do not want to give us anyshare in the property.is it possible for them.to sell any of my father in laws property without my husbands sign and without sharing with us.my husband is a doctor and doesn't know any laws regarding the partition of property.all property were in my father in laws name.they r 2siblings.we don't have any papers of the property and after death all property was transferred to my mother-in-law name.does my sister inlaws daughter's have right on ancestral property of my father inlaw
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

On father in law death intestate ie without a will your MIL,SIL , your husband have one third share in property

2) property cannot be transferred in MIL name without consent of your husband and SIL

3) your husband can file suit for partition to claim his one third share in property

4) SIL daughter has no share in property during SIL lifetime

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since your father-in-law died intestate, your mother-in-law, your husband and your sister-in-law are entitled to equal share in the property.

2. Without your husband's consent property cannot be sold as your husband is entitled to 1/3rd share in the property.

3. May be the Khata of the property is transferred in your mother-in-law's name in the records of BBMP by obtaining NOC from the other legal heirs, viz., your sister-in-law and your husband.

4. Your sister-in-law's children do not have right on the property during the lifetime of your sister-in-law because the property is self acquired property of your father-in-law and it is not an ancestral property to your sister-in-law's children.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

1) take search in sub registrar office within whose jurisdiction property is situated and obtain certified copy of sale deed on basis of which FIL purchased the property

2) in partition suit seek injunction restraining MIL from selling the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Being the Class 1 legal heir, your husbands rights cannot be ignored and his consent and signature is absolutely essential for others to sell the property.

2. You can obtain certified copy of Sale Deed from the jurisdictional Sub-Registrar's Office.

3. In case you suspect any foul play in transferring the Khata in your mother-in-law's name without your husband's signature in the BBMP records, lodge a complaint to the Asst. Revenue Officer, BBMP Office of the competent jurisdiction and get the Khata cancelled.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

A. As per the law of succession, when a male Hindu died intestate (without will) that the property will devolve upon class I legal heirs equally, i.e, wife, children and mother.

B. On what basis you are coming to conclusion over the property nature is ancestral property. There must be four generation and property would have to be passed without interruption.

C. As per the latest SC Judgement, daughters cannot claim equal share over ancestral property as coparcenars if father died before 2005.

D. Your husband can file a partition suit before the court by mentioning property details being class i legal heirs even if you don't have any legal documents in respect of your property. However, it is easy to get if you have property details.

E. Finally, your husband have a good case to claim his respective share without any legal dispute. Moreover, it is immaterial thing regarding whether the property nature is ancestral or self acquired in your case from the point of your husband share to claim equal share.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

1. Since your FIL died intestate his properties have devolved through succession equally on his legal heirs i.e his widow and children. The share of your husband is at par with that of his mother and sister i.e 1/3rd. He is free to file a suit for partition to cull out his 1/3rd share in the property.

2. If he apprehends that his mother and sister may sell the entire property without his consent then he may file a suit for permanent injunction to restrain them from doing so.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. To file the suit for partition your husband requires a copy of the original title deed of the property. If he does not have the original or copy thereof then he may obtain a certified copy thereof from the office of sub-registrar.

2. They cannot sell the entire property without your husband's consent, but people violate the law with impunity. So your husband can file a suit for permanent injunction against them.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property was in yo9ur father in law's name and he is reported to have died intestate then all his properties shall devolve equally on all his legal heirs.

Hie legal heirs would consist of your husband, mother in law and sister in law.

Your mother in law cannot transfer the entire property on her name, it is a joint property now hence your husband can tender an objection to the revenue department to this and seek for cancellation of the records now transferred on her name alone.

In the meantime he can file a partition suit seeking partition and separate possession of his legitimate share in the property if there appears no amicable partition among the cosharers.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Sir I want to know without any papers how can we file for partition and can they sell any property without my husbands sign as the property r now in mother in laws name.kindly

You can file a partition suit even without the property papers stating that they are held by opponents, or else you can obtain a certified registration copy of the property title document and file the same.

In the partition suit itself you can file an application seeking injunction restraining the defendants from selling or alienating or creating any encumbrance over the property till the disposal of suit.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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