• Copercener rights of great grand daughter

Dear Sir,
My wife's great grandfather was a landowner and we recently identified that he had several properties which was never transferred to his legal hires. This property is undivided now.

X is her great grand father and he had Y and Z sons.
Y has 2 sons and 1 daughter. Z has 3 daughters, A,B and C. My wife is the daughter of A and she has a sibling brother too. We wanted to know if the undivided property can be sold/reregistered without my wife's consent. Any advise will be appreciated.

If the property is sold without her consent can any legal action be taken? Does she have rights to the property?
Asked 2 years ago in Property Law from United States
Religion: Hindu
1) it is ancestral property and cannot be sold without consent of the legal heirs including your wife 

2) wife can file suit to set aside sale of the property 

3) your wife can also file suit for partition of property 
Ajay Sethi
Advocate, Mumbai
27362 Answers
1487 Consultations
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For your understanding I shall illustrate the hierarchy for acquiring the ancestral property

                                                                 G G father
                                                                         !
                                     Wife                          Sons                      Daughters
                                                                         !
                                                      Sons                      Daughters
                                                          !
                                              Sons                      Daughters
                                                 !
                               Sons                        Daughters
                                  !
                     Sons                   Daughters

From the above it can be seen that the property in the hands of third generation will become ancestral in nature and the third generation onward will become coparceners and rights accordingly.  Most important is that when a daughter availing the coparcenery rights, the rights will extinguish with her and not continue to the next generation unlike coparcener son.             

From your contents it is understood that your wife's mother was the daughter of Z and granddaughter of X ;   From the above illustration it can be seen that rights extinguished with herself and not carried forward to her children.  Moreover since the property remained in tact with out partition or family settlement, the ancestral nature of property remain in tact, your wife' mother got married even before 2005 ( am I right?), so   she has no right in the property as per law and its amendment that took place in the year 2005 only.
If your wife's mother was not having any right for a share in the property, her daughter or children do not have any right in the property, therefore it was not necessary to take your daughter's consent to sell or dispose the property.  
The disposal of property without your wife's consent has no legal infirmity neither you have any ground to contest or challenge the said transaction.
                                                             


     
T Kalaiselvan
Advocate, Vellore
17485 Answers
165 Consultations
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1. How did your wife's great grandfather acquire the properties in question? Were these originally purchased by him or he inherited them?

2. If the properties were originally purchased by your wife's great grandfather they are ancestral properties wherein your wife has an equal share. As a corollary thereto, they cannot be sold without her consent.

3. Your wife is free to cull out her share in the properties by filing for division in the court. Before doing so she may issue a lawyer's notice through her lawyer to the other family members.

4. If the other members of the family are on the verge of selling the properties your wife may go to court to seek a stay order. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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1. The undivided property cannot be sold/registered without your wife's consent. However she can release/relinquish her share in favour of other legal heir by executing release/relinquishment deed.
2. Without her consent the undivided property cannot be sold and if some body tries to sell without her consent, the same can be prevented by getting stay on the sale of the property.
3. If the property is already sold without her consent, she can approach the court and stake a claim on her share in the property.
4. Your wife has got the share in the ancestral undivided property.
Shashidhar S. Sastry
Advocate, Bangalore
1305 Answers
71 Consultations
5.0 on 5.0

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