Property rights of Grand Daughter (Son's Daughter)
I have one younger sister who is got married in 1995. My brother-in-laws has 5 Elder sisters who are already got married at the time of my sister's marriage. At the time of marriage my sister's Father in Law had 5 acres land (self-acquired) and Mother in Law had 4 acres land (3 acres are acquired by her husband and 1 acre of land she got from her father at the time marriage). Father-in-law also had a plot and site 10 cents which they kept for constructing a house.
In the month of January-1996, Father-in-Law expired due to heart attack and we did not have any clue whether he wrote any will to share the above property.
In July-1996, my sister given birth of a son and he got a health problem at the age of 3 years. In June-1999, my sister given birth of a daughter and who is 17 years old as of today.
Due to some family issues are raised (diseased son) and my sister and brother-in-law got separated (not divorced) and my sister came back with diseased son and daughter in 2000.
In 2005, My brother-in-law along with his mother and 5 elder sisters sold the above said property without consent of my sister and the children (minors) for Rs. 40,00,000/- and shared among them (we do not know how the sharing is happened among them).
We tried to contact several times to get some share to meet the son's medical expenditure and daughter's education and they denied.
In 2011, Mother-in-law and Brother-in-law join together constructed a house (we are unable to get the information who spend the money to construct the house and by whom name the property has been registered) in the plot which is mentioned above and they are lived till 2012 (during the year 2014 my brother in law expired and after 8 months his mother also expired).
Sister's son has been expired in 2015 at the age of 19 due to illness and my sister had only one daughter who is 17 years old.
After enquiring about the house, we came to know that due to death of mother-in-law and brother-in-law all other 5 elder married daughters are trying to sell the property and they want to share among them without providing any share to my sister and her daughter.
I have spent almost 20 lakhs for medical treatment to her son and education expenses from past 10 years.
At present, both my sister and her daughter did not have any income, property and we are facing lot of problem to run the family including my family.
At present situation, we cannot even afford for the lawyer fee to take an action.
Please provide your valuable suggestions and way to proceed to get at least light in their lives.
Asked in Property Law from Amalapuram, Andhra Pradesh
1) on demise of her husband your sister and daughter would inherit her husband/ father one sixth share in various properties
2) further in respect of properties standing in name of mother in law on her demise intestate your sister and her daughter would inherit her husband share
3) your sister can seek injunction restraining 5 elder married daughters from selling the property
4) she should also file suit for partition to claim her one sixth share in property
If your sister was not legally divorced and had been living separately away from her husband, then she can very well claim the share of property that belonged to her deceased husband.
She should immediately file a partition suit seeking partition and separate possession of legitimate share of her husband in the properties of his parents who died intestate and also to file an application seeking injunction against the defendants restraining them from alienating and creating any encumbrance to the properties till the disposal of suit.
If you cannot afford for a lawyer then you may approach legal services authority which is providing free legal aid to the destitute and needy litigants.
At the time of sale of property (Land) my brother-in-law is alive and he signed the sale deed without concent of my sister and 2 minor children. Is it acceptable if my brother-in-law himself can sale the property without concent of my sister and minor children. Is it compulsory that all the members of the family should sign (Family tree) including wife and minor children at the time of sale?. I request you to honorable professional to give me a light how to proceed further.
Asked 4 months ago
1) your brother in law does not need wife consent to sell property inherited by hum from his father
2) it was self acquired property of father and on his demise inherited by his son ie brother in law and other legal heirs
At the time of sale of property (Land) my brother-in-law is alive and he signed the sale deed without concent of my sister and 2 minor children. Is it acceptable if my brother-in-law himself can sale the property without concent of my sister and minor children
Since the property sold belonged to your brother in law he had full rights to sell it on his own and he need not take anyone's consent or NOC for this act.
Your sister and his child are third parties to the property hence their consent was not necessary as per law.
Is it compulsory that all the members of the family should sign (Family tree) including wife and minor children at the time of sale?.
During the lifetime of a owner of the property he need not take signatures or even consent of any of the family member for selling his property.