Distribution of inherited property
PRAGYA ROHATGI
(Querist) 11 March 2014
This query is : Resolved
As per Law a propety can be distributed between the heirs
In this particular matter
There are two real brothers their parents died . As per virtue of law after the death of their parents both the brothers become Joint Owners of the property as per the Registered Will of their father .
The younger brother age around 27 years recently( two year back) got love marriage which is not loyal to the family , and now with the missupport of his IN laws the younger brother just looking to dispose of the inherited property .
Queries
1) Can the younger brother can sell the property without consent of elder brother .
2)Is there any Provisions under Law where a wife can be held responsible if she is not loyal to the family . What legal evidences are required to prove this
3)Any provisions under which the matter can be delayed for 5-10 years till the younger brother realies his mistake .
4) Do the wife just become the co-owner in this property just by marriage or are there any other provisions.
regards
sandeep rohatgi
R.V.RAO
(Expert) 12 March 2014
when the father willed the property as joint between the two sons through a regd.will,the younger brother 's sale of the property/his share does not convey absolute title to the buyer.
such sale is vitiated by lack of absolute title.
the only way out is a regd.partition deed of the property between the brothers .
the younger brother only is part owner. his wife cannot be owner even in part.
there are no prov.governing loyalty of a wife /husband in law.these are personal values/traditions/individual traits.
Surrender K Singal
(Expert) 13 March 2014
One of the joint owners can not transfer (sell) any property without consent of the other co-owner;
