Your mother in law has only one share in the property along with her sons and daughters. She therefore can not sell the property. She can go for partition of the property and then sell her share.
Family dispute due to property
My mother in law is having problem, she is having 2 sons and 3 daughters all married, the property is in the name of my late father in law. the property is on power of attorney and also he has not made any will, the 2 sons are not behaving properly and are illtreating her, she wants to sell the property how is it possible, property is in vikas nagar, new delhi.
Asked 10 years ago in Property Law
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6 Answers
if mother in law is being ill treated by her 2 sons she can move senior citizen tribunal under maintenance of senior citizen Act for necessary reliefs . she can seek maintenance from her sons upto Rs 10,000 per month . the tribunal has to pass orders within 90 days and if amount is not deposited within period of 30 days then mother in law would be entitled to recover maintenance amount with interest
if property is standing in name of father in law and he died intestate then on his death she has 1/6th share in the property . she will need to file suit for partition for her share in the property
The mother has clear share in the property, we need to examine the POA to see the kind of power given to your mother. The mother can aslo move Petition under Domestic Violence act for injunction, protection and maintenance and also the Senior Citizen's tribunal for relief/(s).
Feel free to contact for assistance.
Kind Regards
Setu Niket
Advocate
she is surely entitled for 1/6th share as per the Hindu Succession Act and further, she cannot sell her share without the consent of the sons and daughters. however, if she is ill-treated, then you can approach senior citizen cell and reddress your grievance.
Go as per advise of Mr Sethi
What is the nature of legal power vested in your mother-in-law by your late father-in-law? As the property is in the name of your deceased father-in-law your mother-in-law is just one of the owners thereof, albeit not the sole owner. Her children own this property equally. As a corollary thereto, she cannot sell the entire property. She is free to sell only her share therein after getting it separated through the intervention of court sought in accordance with the law.
The PoA in her favour needs a thread bare perusal to ascertain if any power, express or implied, has been conferred on her to sell the property over and above her share therein.
In order to remedy the neglect by her children she can move the Senior Citizens Tribunal for making them legally liable to pay maintenance to her for an amount not exceeding Rs.10,000/- a month.
