• Ancestral property

My father in law is two brothers, elder brother has 2 daughter and younger brother has no child.i am married to one off the 2 daughter.my father in law is staying on the house build by my wife grandfather who in turn has not prepare any will and died.the dispute is between both the brothers.
1.can my father in law sell the property and share the amount equaly between brothers
2.what is the rights of my wife and her sister and their childrens in the property
3.my wife has 2 children and her sister has 1 children
Asked 9 months ago in Property Law from Chakradharpur, Jharkhand
Religion: Hindu
1. Yes,.Since it is the self acquired property of his father, your father in law can deal with it in any manner he wants.
2. The sons or daughters of your father in aw have no say in the property let alone any share by birth.
3, This fact is of no consideration.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
This your father in law's father's property who died intestate.  Upon this, th properties shall devolve equally on his legal heirs consisting your father in law and his brother.

1.can my father in law sell the property and share the amount equaly between brothers
Your father in  law can sell only his share of property and not his brother's share, he cannot do so, i will be an illegal act.


2.what is the rights of my wife and her sister and their childrens in the property
During your father in law's life time, neither your wife nor her sister nor your mother in law has any right r share in the property.


3.my wife has 2 children and her sister has 1 children
It makes no difference, during the life time of your father in law he can dispose the share of his property in any manner and nobody can claim a right in it.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) On demise of grand father your father in law and his brother are the legal heirs having equal share in property 

2) your father in law can sell his share in property without consent of other legal heirs 

3) your wife and her sister has no rights in property during her father lifetime 

4) only if your father in law dies intestate would your mother in law , wife and her sister inherit property as legal heirs 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1) it is self acquired property of grand father 

2) on his demise property would devolve on his children

3) grand children have no rights in property during parents lifetime 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. The property being a dwelling unit, has to be partitioned before it can be sold. Your father-in-law may file a suit for partition to cull out his separate share in the property. After separation of his share he will be at liberty to sell it. If he attempts to sell it before partition then his brothers may seek injunction from the civil court which may be granted.

2. Your wife has no rights in the property during the lifetime of her father.

3. You seem to have misunderstood what has been written on the portal.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
your wife and her sister has no rights in property during her father lifetime. When grand father died intestate his legal heirs (Son,daughter,wife ) has the right over his property. If the property is self acquired by father in law then your father in law can sell his share in property without consent of other legal heirs.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
I have learnt from this forum the grand childrens has equal rights in gran parent property, basicaly when the grand father died without given his will,and the grandchildren consent is need before selling the property by both the brothers (father in law and his brother)
You have wrongly perceived the meaning.  In the grandfather's self acquired property, if the grandfather dies intestate, the property shall subsequently devolve only on his own legal heirs and do not pass on to the next  generation of the legal heirs automatically. The legal heirs shall divide the property under a mutual partition among themselves and can enjoy the property as their own and absolute property. Thus the grandchildren will not be entitled to any share in the grandfather's self acquired property or inherited own property. Therefore grandchildren consent will not be necessary if their father/mother (being a legal heir of the deceased grandfather) is alive. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0