Property partition
karan singh
(Querist) 20 March 2014
This query is : Resolved
Message :
Respected sir, the grandfather of my wife had died for last 15 years and he was the owner of a huge amount of land. the grandfather have three sons in which the father of my wife is one and they are trying to sell the land without informing my wife. it is also mentioned that my wife have two brothers and no sister. now the question is that have my wife any right on the said property and yes then what is her share. with regards, karan singh
R.V.RAO
(Expert) 20 March 2014
if the property is the self acquired property of Grand Father of your wife,and if he had not left any will,it is intestate property and the property will be equally shared by all his class 1 heirs( as per Hindu Succession Act) like his wife,sons,daughters,mother( or their legal heirs in case any of them are predeceased
)
but if the property is the ancestral property of the grand father of your wife ,
(4 generation principle is applied to find out if a property is ancestral, like from great grand father to grand father to father and to son),then all male and female legal heirs are entitled to equal shares.(female heirs rights are established wef Hindu succession amendment act 2005).
any legal heir tO an ancestral property can ask for partition of such property any time.
After such partition,the ancestral property becomes the self acquired property of each legal heir.
then only each of them can transfer rights in their self acquired property as they like.but they have no right to distribute other legal heirs share.
so if the property in question is self acquired by your wife's grand father, your wife does not get any share, and her father being a class 1 legal heir, ALONG WITH HIS OTHER BROTHERS to the property can distribute his share of property as he likes.
But, had it been ancestral property ,your wife being a female heir gets an equal share in the property along with all other legal heirs.
karan singh
(Querist) 21 March 2014
respected Sir The property is ancestral property and i and satisfied with your advice now another question is that are the parents of my wife have equal share in the said property
Rajendra K Goyal
(Expert) 22 March 2014
Consult a local lawyer and show him all the relative documents.
R.V.RAO
(Expert) 22 March 2014
since you have affirmed that the property in question is ancestral property, the legal heirs who inherit an equal share of the ancestral property include your father in law, 2 of his brothers,and all children (both male and female legal heirs) of the 3 sons of your grand father in law.
while your father in law and your wife are the legal heirs in the above ancestral property chain,your mother in law cannot claim any share not being a legal heir and not entitled to any share.
karan singh
(Querist) 23 March 2014
thanks a lot of sir my doubt has been cleared.
my wife has applied for her share and honble court has stayed the said property till furthers orders as per the my wife application. now can they sell that property without my wife agreement or the stay can be broken.
karan singh
(Querist) 23 March 2014
thanks a lot of sir my doubt has been cleared.
my wife has applied for her share and honble court has stayed the said property till furthers orders as per the my wife application. now can they sell that property without my wife agreement or the stay can be broken.
R.V.RAO
(Expert) 24 March 2014
since the court has already stayed the sale of the ancestral property( at your wife's prayer) till further orders,your wife( being a legal heir to the ancestral property) has to file for a declaration suit to declare her as a legal heir, and also ask for partition of the ancestral property/joint family property to claim her share of the property.
pursue the matter till she gets her due and legitimate share of her ancestral property.
if you find or notice any prospective buyer for the said property, ensure court notices or lawyers notices are sent to them to declare any such sale void to the extent of her share of the property.
sro can help track the above issue from time to time.now due to court stay , the opposite parties will be hyper active.
karan singh
(Querist) 24 March 2014
thanks from the depth of my heart sir.
R.V.RAO
(Expert) 24 March 2014
you are welcome.
