Can i get back the inheritance property back or what is my rights?
SHASHIKUMAR KUPPUSWAMY
(Querist) 29 July 2013
This query is : Resolved
My Father expired without a will for property (X, Y, Z). Now Myself, my Mother, and 2 brothers (A & B) have to share the property. Bother A is expired leaving a Wife (Sister-in-law) and a minor son. Both My mother and brother B, released a gift deed on my name for property X. So I’m the owner of 3/4th share . But my sister-in-law (Brother A’s wife) never agreed for any settlement, and took the 1/4th share by court. She wanted to divide other properties as well, without allowing anyone to settle wholly. It is very difficult to deal with her as she does not think about others not her own life, her aim is to create hardship, which she openly admits.
My question
1. Is it possible for her to sell the 1/4th share of property to others without my mother’s permission.
2. Is it possible to get back this 1/4th share by any means? So that we enjoy it wholly (I agreed to pay more than market price, but she never agreed).
3. What are the other possibility so I can get the 1/4th back, any idea is appreciated.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
You said she took 1/4 from court. So I think she is owner of it now. You cannot get it back. She has inherited to her husband's share. She can sell it to anyone without your mother's permission.
Raj Kumar Makkad
(Expert) 30 July 2013
I cannot digest your claim that a widow with her minor son when demanding her legal share out of the properties which might have come to the share of her husband, is creating problems for you and further that you require back her 1/4th share.
She is legally entitled for 1/4 share with her minor son and she don't require permission of any person for the sale of her share.
She can definitely can claim share in the remaining properties as per law.
