Property Inherited by father in law is not ancestral property
He is at liberty to sell his property without consent of you and your siblings
Sale of inherited property
Hello, My father-in-law inherited a house and 17 cents of land from his father. The property is in Trivandrum, Kerala. His father had purchased the property through a sale deed. My father is the only son of his father and he has no siblings. Few years back my father-in-law sold 4 cents of this land to my co-brother (my wife's sister's husband) through a sale deed. Is this sale legal given that my father-in-law had inherited the property from his father. Regards Suresh
Asked 8 years ago in Property Law
Religion: Hindu
9 Answers
Since the property inherited by the father in law is not an ancestral property therefore it may be sold without any one's consent including you and your siblings. He is at liberty to sell the same as per his own wish.
Regards
The property was given to him by his father. So, does he not need to consult his daughters and wife before selling? What is definition for ancestral property in Hindu succession?
Asked 8 years ago
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. Therefore it is not an inherited property.
Property which has remained undivided for four generations is ancestral property
FIL does not need his daughter consent to sell the property
this is joint family property therefore he has no right to sell it. you should file a suit for cancellation of sale deed. a joint family property can be sold only in two conditions
1. legal necessity
2. with written permission or consent of heirs.
your case is maintenance. contact a lawyer for filing of suit.
1. The property that he inherited from his father became his separate property which is at par with self acquired property, so your father-in-law was at liberty to sell/bequeath/gift it to anybody he desired.
2. He was under no obligation to consult his daughters or wife before executing the sale deed.
3. This is not ancestral property by any stretch of the imagination.
Few years back my father-in-law sold 4 cents of this land to my co-brother (my wife's sister's husband) through a sale deed. Is this sale legal given that my father-in-law had inherited the property from his father.
There is no legal infirmity in it.
The property sold by yor father in law is his own and absolute property, hence he can sell or transfer it by gift deed or any means or mode, shall be his own decision, nobody can interfere in his decision nor can question his authority on this.
The property was given to him by his father. So, does he not need to consult his daughters and wife before selling? What is definition for ancestral property in Hindu succession?
This is neither ancestral property nor a property under HUF.
This property shall be your father in law's own and absolute property in which he has full rights to do it or transfer it to anyone of his choice and desire.