Father in law sold ancestral lands 1 month back without consent
My father in law sold agricultural land 1 month back without my wife concent property is ancestral and was bought by great grand father of my wife. What legal action can be done. Money is used by father in law to buy a house in name of step brother in law. What are options and how much time it will take
Asked in Property Law from Raipur, Chhattisgarh
1) your wife can suit to set aside sale deed executed by her father and claim her share in property . in alternative claim her share in sale proceeds
2) suit would take 15 years to be disposed of .
3) contact a local lawyer
If the case will take so long, what will happen if my Father in Law dies in between. How will my wife get her claim. and who will give the claim.
Asked 6 months ago
if father in law dies his legal heirs have to be brought on record to continue the case ie Mother , brother
2) suit would not abate but continue against your brother in law and others
1. Understand that the property was bought by the great grandfather of your wife but was it partitioned/settled/gifted by him to any of his legal heirs? Is the title of the property still standing in the name of the great grandfather of your wife?
2. If yes, then your wife can challenge the said sale and pray for a declaration that the said sale is invalid. Simultaneously, your wife along with her other legal heirs should file a partition suit making the buyer of the property also a party to it.
3. If the title of the said property does not stand in the name of the great grandfather of your wife as of now, it is no longer an ancestral property for your wife and she can lay no claim on the said property.
1. Your wife will not get her share of the said property from your FIL.
2. She will get her share of the said ancestral property with the direction of the Court.
3. If your FIL dies, then his legal heirs will be substituted with him in the suit.
4. Ask your wife to file the suggested suits immediately.