Hi folks There are 2 ancestor real.In one property my brother’s got married and was staying in 2nd floor . We were staying in first floor in the same property ,and ground floor was on rent . In the lockdown ,ground floor got empty and the tenant left for his hometown . When my brother’s wife cleverly shifted her stuff from 2nd floor to ground floor She licked her self completely with those electronic locks . Earlier both the properties were ancestoral .On papers the property belongs to my grand grand father .After his death ,the property got transferred to my grand father ,on papers .Now he died ,and made no will . Now the question is 1. Can my brother’s wife claim Ny rights in that gifted property . We presumed that after grand father died ,the rights got distributed in between his Children . 2brothers and three sisters . Now ,my brother is a son of my bade papa (tayaji) 1one a brother . Now please suggest ,can she claims ny right to the property ? Again ,we have transferred and made relinquishment deed ,in the name of my father and everybody has surrendered their share amicably . We got it registered today . Now ,can she or her son claim ny right to the property ,which is on my father’s name . Can we sell it smoothly ? Now suggest how can we let her out of my house without violence ,with the help of legal authorities . Suggest ,ny other method as well by hook or crook (forcefully )In this method can I or my family gets stuck of using violence against a woman ??
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Your brother's Wife would have no share in the property.
The best way to settle this amicably is to file a suit for partition by metes and bounds the court would decide the real share of all the parties and whether the property is actually ancestral or not.
As per law, any property which is undivided for last four generations is only considered as ancestral.
One more thing ,the 2nd ancestor property was having the same chain . It belongs to my grand father’s brother . He died ,and made a will which was not registered . He had no children . In that unregistered will ,he transfers his property to my grandfather .Now my grandfather died and made now will . We presumed that it got automatically transferd to his children 2brothers and 3sisters. And after my brother’s wife case ,they immediately surrendered there share on papers and made a relinquishment deed on the name of my father. Now the question is ,can my brother’s wife or his son claim any rights in that property also ?? Can I sell it smoothly without any objection further ?? Can she get a stay order on that property also and it was ancestoral when she got married and afterwards we made RD,on a single name . ??
1. No, she is not entitled, at least not during the lifetime of your brother.
2. Since the property was on your father's name, nobody including you have any share in it as a right, hence there was no necessity for the relinquishment deed as well.
Neither she nor her son has any rights in the property.
If she is not vacating the property she has kept under lock, you can break open the lock and throw all her items outside becasue she can be considered as a trespasser.
Even if the will left behind in your grandfather's brother was not registered it would be legally valid as registration of will is not mandatory. So, the property which was inherited by your grandfather would be treated as his self acquired property and not as ancestral property. Therefore, your grandfather will would decide as to whom the rights of the property would be vested upon. In case of no will, the rights of the property would be equally divided between his class 1 legal heirs.
Neither she, nor her children would have any share in that property.
Your father can file a complaint against her under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to evict her from the property
Brother wife have no right in any property. But brother son have share in the property.
Call the police, she has upper floor where she is living with her husband. She has no right in the property. Your father can call the police to unlock and take possesion of ground floor.
Or break the lock and take possesion.
In the demise of grand father, his property acquired from his brother will inheirt in his children by 1/5th share each. This is not ancestral property.
Brother child have very limited share in the property you are living and not in another property.
You can sell the property.
She can obtain stay on the property, you are living and not on another property.
Better sell the property in which you are living.
If they have surrendered then they can't claim any rights. If you sell they might create obstacles as a routine procedure. You can sell it without any issue
She has no rights on property. On grand father demise it would devolve on his legal heirs ie sons and daughters
2) father is at liberty to sell the property
3) he can file suit for eviction against daughter in law
She would not get stay order as property is standing in father name
1. Since your brother has a share in the property her wife has right of residence. However she doesn't have share in the property.
2. So you have every right to enter into the house exercising force.
3. Otherwise file a suit for eviction which takes time. So wait till then.
- Your brothers wife cannot claim any right over any type of your , her in laws and even her husbands property , whether gifted /ancestral or self acquired property legally , except a right of residence from her husband .
- Since, now all the children have released their respective share in favour of father , hence now your father has become the absolute owner of the property, and thereby can evict his daughter in law due to mistreat with him , after filing a suit for Mandatory Injunction before the court.
- Further , if he is old aged person , then he can also lodge his complaint under the provision of Senior citizen Act .
- Since there is no case has been filed by any one , hence your father is free to sell the said property .
- During the life time of your brother i.e her husband , she or her son cannot get stay order from the court , even the property is an ancestral property .
Dear sir,
Once the property is distributed equally amongst the son and daughters of your grand father they hold the right on their share and their children claims the right on that particular shares ,
However now the property is relinquished by mutual consent of all the parties in the name of your father and if all the parties have signed the deed and registered then not to worry in such a case she cannot claim any right as of the her husband is alive and the share is distributed by your father if by his willingness till then not to worry, if the parties consent is mentioned then she cannot claim for stay order!!
Yes they can claim their right.
You can sell your portion
your brother wife have no rights in said property.
grand father son's can file eviction suit against daughter in law.
The daughter in law cannot claim any share in the ancestral property of her father in law.
Wife has absolutely no rights on an ancestral property.
The property is ancestral and hence all the children and grandchildren have rights. The property should be distributed as such. She cannot lock any part of the property. You should take possession of the property immediately.
Make her go away for sometime and then change the locks.
She has absolutely no rights on any of your property. She may claim maintenance and alimony from her husband but that is as far as she can go.
1. Wife has no share in the property, self acquired or inherited, of her husband, but she has the right to residence in his property during the subsistence of her marriage.
2. On the intestate demise of your grandfather his properties devolved on all his children equally.
3. Property can be sold by the heirs of your grandfather to the extent of their share.
1. The second property for which will was made has devolved in terms of will.
2. On the demise of your grandfather, who was the beneficiary of the will, it has also devolved on all his children equally.
3. Your brother's wife has the right to residence, albeit no share.
1. No your brother wife cannot claim any share from ancestral property but she can file claim for her child in ancestral property.
2. If property got transferred on name of your father after amicable settlement between siblings then property have attained status of self acquired property of your father and your brother's wife or his children cannot claim any share till your father is alive or he dies intestate.
3. Your father should file eviction suit against your brother and his wife under senior citizen act.
