Hi, My father's elder brother died several year's ago.His wife do not have a son or daughter. (I mean no successor.) It is a agricultural ancestral land of my grandfather. Actually the land is on her name now. Can she sell that land without any objection from us? If no how can i stop her. Please suggest
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1.On death of your elder his wife becomes inheritor of his share in the ancestral property.
2.Now if the proeprty is still joint then consent of other co sharer is required.
3.However there is no legal bar to sell the undivided joint property by the co sharer.
1. when land is transferred in her name then she can transfer it but you have pre-emption right over the property. according to the rule of pre-emption you have first right to purchase this property on the prevailing market rate.
2. when she tries to sell it to any other person you can stop her from doing so on the basis of pre-emption right. you can file a suit and take injunction order and purchase the property.
1. If the land was originally owned by your grandfather then it is not ancestral for you much less your father and his siblings. On the demise of your grandfather, unless he made a will, his land devolved through succession on his children equally.
2. The share of your father's elder brother devolved on his widow after his demise. So she is free to sell her share, but if the land continues to be undivided then she cannot sell it unless the partition is done.
3. To stop her from selling the undivided land you may file a suit for permanent injunction against her.
You cannot stop your father elder brother wife from selling land standing in her name
She is at liberty to sell the land
A. When a Hindu male died intestate (without will) him and his wife without issues (children) that property shall be devolve between class I legal heirs i.e, Children, mother and wife. In your case, she acquired her husband property.
B. However, your father being a coparcenors can exercise preferential right if the possession and ownership in joint nature over his elder's brother property under right to preemptive which confirmed by the Transfer of Property Act, 1882 under Section 44 and Section 22 of Hindu Sucession Act, 1956 and Section 2 and 3 of Partition Act, 1893 subject to offering same consideration value which have been fixed by your father elder brother's wife.
C. You can issue a legal notice to her and exercise your father preferential right. Else you can approach Civil Court and get stay order in the regard.
She can very well sell the property which is standing on her name.
If the property being enjoyed by her now was the share of her deceased husband and since she is not having any children surviving her husband's death, she becomes the absolute owner of that share that belonged to her deceased husband.
Therefore she can very well sell her property without taking anyone's consent or permission.
