Hello , my father in law's property is divided by common roof and wall. The next door is his elder brother. This property was given to them by their mother. Also she has written a will but it is one sided. The will states that my father in law or his successors should get NOC for selling the property from his brother. His brother can buy the property for whatever rate it deems to be right for him also is stated in the will. The will also states that we can't demolish, gift, exchange without their permission. But they can do what ever they want. Now his brother has transferred the property to his daughter. She is just offering us a very low rate with which we can’t get anything, but since my father in law is no more, my husband and mother in law are the equal partners in the property. My husband doesn't want to sell the property but my mother in law is pressurizing him to sell it to the next door daughter. Even she is dealing with her without my husband's knowledge. Is there any way we can stop this or can they do anything so that my husband doesn't get a share. In case is there any possibility that i can prevent the sale of property.
Asked 4 years ago in Property Law from Bangalore, Karnataka
Hi, you can challenge the will it self before the court and now that question arises from your narration is that whether your mother in law, she is alive or not, because will come into effect only after her death, if she is alive you can request her to change the will or other wise you have to approach civil court.
on death of your father in law your mother in law and husband have 50%share in property . your mother in law would need your husband consent to sell the property . in any case thay can refuse to sell the property at rate below market price . if they are being offered low price they can refuse to sell the property at low price . in case mother in law is adamant on sale of property your husband can buy out her share . contact a local lawyer . your husband can move court if he so desires to restrain his mother from disposing of the property
In whose name was the property initially registered? If it was registered in the name of your father-in-law then on the death of your father-in-law it vested equally in your husband and mother-in-law, in such a scenario your mother could not have even made the will in the first instance. If your husband intends to stop his brother from selling this property then he may move the court and apply for a stay order. Once a stay order is issued by the court this property cannot be sold.
Thanks for your feedback Sir. I and my husband have health problems. So with the money which we get is really very less. Tomorrow of our health issues we will not be in a position to work also. Also my mother in law is using ways of irritating me and my husband because my husband is not agreeing to sell the property to her cousin. Also she is addicted to black magic which had effect on us for separating us. Just to be on safe side I just want to know is there any way I can stop this in case if my husband is forced unintentionally to sign because I don't want to get misled by them. It is a property transferred to my father in law by his mother.
Asked 4 years ago
If your husband signs the deed prepared by your mother-in-law then he will lose all his rights in the property. As I said earlier applying for a stay order is the only legal remedy.
if your husband signs the papers for sale of his portion of property you cant stop the sale .
relations between you and your husband are cordial . hence you should not avail of provisions of DV Act to claim right to stay in matrimonial home and an injunction restraining husband from selling his share in property .