Can son/daughter-in-law sell property without sign of father
Ram
(Querist) 08 June 2017
This query is : Resolved
I have a sister and she got married 14 years back. She have two kids as well. Recently my Brother-in-law(sister's husband) passed away. My sister is now dependent on my brother-in-law's father(uncle to me). He is not supporting the family(my sister and kids) for financial needs like household expenses and kids education. My Brother-in-law have agriculture land on his name which he got from his father(inherited property). Does my sister have rights to sell this land which is still on my Brother-in-law name for household and kids education purpose or does my uncle's(brother-in-law's father) contest/signature required to sell this land. Can you suggest the legal rights my sister have. Thanks in advance.
Note : My uncle is a rich person and no financial problems for him, however he is still not supporting the family financially.
Dr J C Vashista
(Expert) 09 June 2017
Being widow of your BIL she is one of his LR, accordingly she can sell her share.
However, discuss with a local lawyer with all relevant documents for proper appreciation of facts and circumstances, guidance and proceeding.
Guest
(Expert) 09 June 2017
But what about the mother of your brother-in-law, whether she is alive or dead?
Secondly, your repeated question at the following thread, without waiting for appropriate responses, gives an impression that you are in hurry of getting some academic query solved at any of the two threads:
http://www.lawyersclubindia.com/experts/Can-son-daughter-in-law-sell-property-without-sign-of-father-643861.asp
Kumar Doab
(Expert) 09 June 2017
You have posted that:
"My Brother in law passed away recently and my uncle is not supporting the family for the expenses. My brother in law have a property(land) on his name which is inheritances from my uncle (brother in law father).'
There is 'NO' academics involved in death of husband of sister (Brother in Law).
Kumar Doab
(Expert) 09 June 2017
Is the said uncle alive?
If yes, how come you have termed the property in the name of brother in law as inheritance?
Kumar Doab
(Expert) 09 June 2017
Are you all Hindu.
Confirm!
Ram
(Querist) 09 June 2017
@P. S. DHINGRA, In the first question, I didn't provided complete information, so I thought of providing the complete info. That's why posted second question. Apologies for posting the same question second time. Mother-in-law of my sister is still alive and her mental condition is not good from 20 years.
Ram
(Querist) 09 June 2017
@Kumar Doab . My uncle have 8 acres of land out of which 1.8 acres registered on my brother-in-law name 5 years back. All are Hindu's. My brother-in-law passed away 5 months back.
Thanks in advance.
Kumar Doab
(Expert) 09 June 2017
Your sister may not vacate the house of her deceased husband/matrimonial home.
ClassI legal heirs of deceased Hindu male have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………….
Thus the estate/property of your deceased brother in law shall devolve equally upon ClassI legal heirs………….
Kumar Doab
(Expert) 09 June 2017
You may help your sister to get death certificate and legal heir certificate/affidavit of her husband………………….
Legal heir certificate is usually issued by O/o Tehsildar..........
This is simple case of inheritance.
The process/procedure/forms for such simple matter of inheritance (Intestate Succession) may be available at the website of authority under whose jurisdiction property falls say: MC.
Or can be collected from O/o authority.
Certified copy of death certificate, legal heir certificate/affidavit as applicable and per precedence at your location are basic requirements.
The concerned revenue officials say; Patwaari can update mutations records as per inheritance and provide with updated copy of mutations records showing ownership by inheritance.
Kumar Doab
(Expert) 09 June 2017
Subsequently the legal heirs attain rights of owner can act like owner including disposing their share.
It is felt that:
--For disposing the share of minor children your sister may require permission of court.
-- For disposing the share of mentally ill mother in law require permission of court, may be required.
If mother in law deceases ( after recovering from mental illness and becoming mentally sound, or remaining mentally ill/unsound) without disposing her share, her share shall devolve firstly upon her sons and daughters………………and as per nature and source of property.
Your sister is natural guardian of her sons, daughters…………..she can approach court.
Kumar Doab
(Expert) 09 June 2017
It is simple matter and you on your own may succeed.
If you are unable to resolve on your own your very able local counsel of unshakable repute and integrity specializing in revenue/civil/property matters can help you.
Ram
(Querist) 09 June 2017
@Kumar Doab , Sir, If I understand you correctly, My sister's mother-in-law and My sister have equal rights on the land that registered on my bother-in-law name. If I'm correct she can't sell the land without contest of mother-in-law. Please correct me if I'm wrong.
Kumar Doab
(Expert) 09 June 2017
Is the said uncle ( Father of Brother in Law) alive?
Why are you calling him uncle?
Were you related before marriage of your sister to his son?
What is the relationship?
Kumar Doab
(Expert) 09 June 2017
Vashistaji has already replied to your last query.
Kumar Doab
(Expert) 09 June 2017
You have posted that:
"I have a sister and she got married 14 years back. She have two kids as well. "
The kids also have equal share.
Ram
(Querist) 09 June 2017
Yes , brother-in-law's father is still alive. He is not related to me before marriage. Thanks a lot for the information Kumar Doab.
Kumar Doab
(Expert) 09 June 2017
You have posted that:
"If I'm correct she can't sell the land without contest of mother-in-law. Please correct me if I'm wrong.............................Mother-in-law of my sister is still alive and her mental condition is not good from 20 years."
Mentally unsound person is not capable of making such decision of sale of property.
Permission of court may be required.
