your consent is necessary to sell the property
2) you have 50 per cent share in flat
3) approach society to transfer flat in names of your mother in law and your name
As my husband died intestate, Would my mother in law and brother in law will be able to sell the property alone. Or they require wife’s consent? As they wish to sell the property and I wouldn’t want to sell.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
your consent is necessary to sell the property
2) you have 50 per cent share in flat
3) approach society to transfer flat in names of your mother in law and your name
After your husband's intestate death, you and your mother in law are the only Class I legal heirs, with each of you entitled to a half undivided share in his estate. Your brother in law is not legally entitled to any claim. In the circumstances, your mother in law and your brother in law cannot sell your husband's property without your express consent. If you sense any mischief, send them a legal notice first and proceed to file a declaration suit with an interim application for status quo till disposal of the suit.
Dear Client,
No, your mother-in-law and brother-in-law cannot sell the property alone. As the wife of the deceased, you are a legal heir to the property and your consent is required for any sale.
Hello,
you need to file an application before the registrar to stop any unauthorised sale of the property wherein you have equal right, make sure you apply for a Legal Heir certificate as soon as possible.
Best of luck
1. Since your husband died intestate, the property will devolve equally to your mother-in-law and you in 50% each.
2. Without your consent and signature, your mother-in-law and your brother-in-law can't sell the property.
3. If you are not interested to sell the property and would like to retain the property, don't give consent to sell the property and based on this decision of yours, the property could be retained.
- As per law, after demise of husband intestate , his property would be devolved on his First class legal heirs equally.
- Hence , if there is no child , then the said property can be claimed by you and mother-in-law equally.
- Further, your brother-in-law is having no right to claim over the property , and even your mother-in-law cannot sell the property without your consent.
No. Property is required to be mutated. However, mother in law can bequeath her share to any person of her choice.
If your husband is reported to have died intestate then the properties left behind by him shall devolve equally on his own legal heirs consisting his wife, children and mother.
His brother has nothing to do with the property left behind by his deceased brother, neither he can claim any share in it as a right especially when there are class I legal heirs alive.
If you apprehend your mother in law to sell the property without your knowledge, you immediately file a suit for partition and also an application for injunction to restrain her from alienating or encumbering the property in any manner till the disposal of the suit for partition.