• Ownership of property

My father-in-law had purchased a property (a piece of land) in his name in year 1989 out of his earnings. He had purchased this land just before my marriage in 1988. There are 3 other members in the family, my mother-in-law and 2 brother-in-laws. My co-brother’s son (sadhu’s son) is also staying with my in-laws since birth as his mother died during delivery. My all brother-in-laws and sadhu’s son are majors now. My younger brother-in-law created disturbance in family in 2001 and got separated by way of a partition deed. My father-in-law died in year 2006. Later my mother-in-law gifted that land in my wife's name in year 2007 stating that she could not give anything in marriage. This land is given by way of gift deed registered with sub-registrar. Everything was normal till my mother-in-law was alive. My mother-in-law died in year 2010. Now my brother-in-laws are objecting that this gift deed is made without their consent and thus it is not valid. The land is in in-law’s village and under their possession. They are forcibly taking away the yields of the land.
Mean while in the same year 2011, my elder brother-in-law approached Tahasildar and could manage to mutate the entire property including this piece of land in 3 people’s name. They are (i) elder brother-in-law, (ii) my wife (iii) my co-brother’s son. While doing this, my wife was not contacted.
Under the circumstances; my query is 
(i) 	Is the gift deed executed by mother-in-law valid? With this gift deed, is my wife the sole title holder of the land? Can she dispose the land alone if she wants?
(ii) 	My wife wants to dispose the land given to her on the basis of the gift deed. Purchasers are asking signature of my elder brother-in-law also. But he wants equal share on that. What should my wife do to sell the land to? 
(iii) 	If the mutation done by my elder brother-in-law is correct, then what should my wife do to get her share. My brother-in-laws have managed relinquishment of my co-brother son and trying to sell the property without my wife’s signature. Is it legally possible? What should my wife do to get the legal benefit? 

My Mobile No - 08827319811.
Asked 1 year ago in Property Law from Brahmapur, Odisha
Religion: Hindu
If your father in law has purchased the piece of land in the year 1989 or 89 then upon his death how did your mother in law became an absolute owner of that property?
(i) 	Is the gift deed executed by mother-in-law valid? With this gift deed, is my wife the sole title holder of the land? Can she dispose the land alone if she wants?
If the property transferred by executing a gift deed in your wife's favor was on the name of your mother in law or if the property was purchased on her name or it was bequeathed in her favor by your your father in law, she becomes an absolute owner of the property and has a marketable title so the registered gift deed can be held legally valid and cannot be revoked, but if the property remained in your father in law's name and was an intestate property, then the gift deed insofar as the share of other legal heirs of your father in law is concerned, becomes invalid, therefore your wife cannot be a sole owner, she will be entitled to only 1/4th share in it.

(ii) 	My wife wants to dispose the land given to her on the basis of the gift deed. Purchasers are asking signature of my elder brother-in-law also. But he wants equal share on that. What should my wife do to sell the land to? 
If the above answer is understood, the present question stands answered accordingly.  Your wife has to ascertain the facts and legal validity of the gift deed. 


(iii) 	If the mutation done by my elder brother-in-law is correct, then what should my wife do to get her share. My brother-in-laws have managed relinquishment of my co-brother son and trying to sell the property without my wife’s signature. Is it legally possible? What should my wife do to get the legal benefit? 

The Mutation done by your brother in law is also not valid.  If the property remained intestate property after your father in law's death,then that will now devolve upon all four legal heirs, i.e., on two sons, your wife and the legal heir of your deceased sister in law.  Therefore your wife can fight accordingly. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The gift deed is very much valid and your wife is legal owner of the land which was transferred to your wife. However I amount inform that your MIL can pass only her due share in the land which passed on to her by way of partition. So she can not gift to your wife more than what she got from the partition deed.

2.If the gift deed is a registered deed then her brother;s signature is no more required. Go for other buyer.

3. Mutation does not establish title in the property.
try to sell this land to the willing buyer as you can not handle this dispute for long.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. The land was owned by your father-in-law. On his demise without making a will his widow and all children succeeded equally to the property. 

2. The gift in favour of your wife could have been made by your mother-in-law, except with the consent of her other children, only to the extent of her own share in the land, and not beyond it. If she has gifted the entire land it is illegal. The gift deed can be challenged in the court by the siblings of your wife, which can set it aside as illegal, whereupon the law of inheritance will open.

3. It is understandable that purchasers are requiring the signature of your wife's elder brother as the latter has an equal share in the property.

4. Unless there is a stay order issued by the court your wife may sell the land.

5. The mutation carried out by the elder brother can be challenged in the civil court by your wife.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) on your father in law demise your mother in law was only one of the legal heirs . other being your wife and her 2 brothers 

2) MIL could not have executed gift deed for land in your wife name as she was not absolute owner of the property 

3)however if   your brother in law want to challenge gift deed they have to move court to set aside gift deed 

4) even if your wife tries to sell the land  purchaser will insist on her brothers signature as your MIL was never absolute owner of the land 

5)she should settle the issue with her brothers and give them share of sale proceeds 

6) your wife should move court and obtain stay  of sale of property if no settlement is possible 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Your mother in law was not the owner of the property of her husband. The said property of your father in law who dies intestate is equally inherited by your mother in law, your wife, both the brother in laws and co-brother's son. So, the gift deed executed by your mother in law is invalid,

2. The Gift Deed is invalid. So, your wife can not sell the ownership of the gifted land and sell it,

3. The property can not be sold without the consent of your wife and the names of the legal heirs of the property has been stated above.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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