Property
Querist :
Anonymous
(Querist) 20 May 2021
This query is : Resolved
My second wife ( since my 1st wife deceased) is illiterate. her father expired 10 yrs back leaving behind some small peices of land.Now my wife's Younger brother and elder sister who are also illiterates, are forcing my wife to sign some land documents in the sub-registrar office.
Till now no family partition has taken place.
she is afraid of going to court and police. every day they quarrel over phone for hours.I'm very much disturbed.and im afraid this effects my personal family life also.
Even after some elders advice, they are not ready to go for partition.
As Ive seen some documents which they have done,seem to be not valid as per law.
What step can i take legally to settle this issue.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspers advice.since they dont respect our legal systemThis family are not ready to gofor partition, even after some eld.
Sankaranarayanan
(Expert) 20 May 2021
what land document to be registered in the register office by your in-laws?
Advocate M.Bhadra
(Expert) 20 May 2021
In the instant case your brother-in-law/laws have legal right to sell their share without notice to your wife. To restrain them, now your wife can file a Suit for Partition and Injunction in a Civil Court.
Without any partition or demarcation the sale of undivided interest in property can take place without a compulsory decree from appropriate Court by way of mutual settlement. There could be no dispute with regard to the fact that an undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the purchaser/buyer unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court.
Section 44 in The Transfer of Property Act, 1882
----Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
K Rajasekharan
(Expert) 21 May 2021
You cannot legally do anything in regard to the partition of an undivided joint property belonging to your wife.
The only thing you can do is to convince or force your wife to take the legal course of action in regard to the property either by filing a partition suit in the court or to sell her share to anyone who is ready to purchase the share.
Advocate Bhartesh goyal
(Expert) 21 May 2021
Your wife has to file partition suit along with temporary injunction Petition and to restrain your brother in law and sister in law .After filing partition suit there are possibilities for settlement.
T. Kalaiselvan, Advocate
(Expert) 21 May 2021
The parition suit is the option before your wife to bring her brother and others under control.
If she is scared or do not want to take any action against them then she may have to forego her rights in the property.
If it is necessary she may take the help of police to give protection to her in case the opponents .are very rude and and arrogant and even posing threats to her life.
Dr J C Vashista
(Expert) 23 May 2021
I fully agree and appreciate the analyses, opinion and advise of experts.
You have the only option to convince your wife to move to court through a local prudent lawyer for filing a suit for partition, possession, permanent and mandatory injunction and damage/ mesne profits.
It is not compulsory for her (your wife) to physically visit the Court, she can appoint you as her attorney to proceed the case(s) on her behalf and then you make take appropriate action(s).
