• One sided will

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 2 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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0

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