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swati (hhhhhh)     18 September 2014

Can bil and husband sell ancestral property?

My husband doesnt take any responsilibility of my son and me. My husband and I have been living seperate since last 2 1/2 yrs but not applied for divorce yet and dont plan to initiate it myself.

 

I just came to know that one of the flat in ancestral property has been exchanged with another flat after my son was born. I think though my husband didnt consent to it or sign any documents when it was exchanged but today he keeps saying it's already done and my brother in law lives in the new flat. I think my BIL must have used a Power of attorney which my husband might have given him before we married. I know my husband didnt get any compensation from this transaction and now he says he has no right on the new flat b'se his brother and his family is living in it. Is there anything I can do about it on behalf of my minor son? 

 

There are more such other ancestral properties in which my minor son is 3rd generation legal heir, how can I stop them from selling it?  

 

 

Thanks

Swati



Learning

 6 Replies

Adv. Chandrasekhar (Advocate)     18 September 2014

If it and other properties are ancestral, make a list of them, and engage an advocate and file a suit for partition as a next friend to your son for temporary injunction against dispossesion of suit properties and also for partition of the suit properties.  In respect of earlier suit property challenge the transaction as a next friend to your son.

1 Like

rebellion (fighting against bias law)     18 September 2014

give son's custody to his father to protect his rights . 

swati (hhhhhh)     21 September 2014

Hello Adv Chandrasekhar,

 

Thanks for clarification. I have 2 more queries:

 

1) I dont want to ask for partition yet. I want to know, even if my father-in-law, my BIL and husband are still alive can I add my son's name to all the properties so it shows up in the documents like property card etc?

 

2) How many days does it take to get temporary injunction to stop them from selling these properties?

 

 

Regards

Swati

 

 

 

 

Originally posted by : Adv. Chandrasekhar

If it and other properties are ancestral, make a list of them, and engage an advocate and file a suit for partition as a next friend to your son for temporary injunction against dispossesion of suit properties and also for partition of the suit properties.  In respect of earlier suit property challenge the transaction as a next friend to your son.

Jimmy (Manager)     24 September 2014

  • I am not an expert in this area but based upon my experience I ask the following questions that may be helpful to you: If it is ancestral property then how it is inherited will depend on the religion of the ancestors, right?  Succession Act? Did he/she die intestate? Was there a will?  If so, and if the property was given or willed to one brother (BiL, for example), the other brother (father of your son) in this case may not have any right to begin with. And if the father of your son (ur husband) is hell bent on not giving the property to his own son (out of paranoia that you may usurp it), there is nothing you can do.  UR husband will just say that there exists a will and the property was willed to his brother. Your son will not have standing to contest this will as it is consented by his father (ur husband).  I suggest that you also post this query under Property section of this site (not just Family section as you have done here). 
  • I am taking a whole different line of thinking because for some reason others have not addressed the core issue of inheritance in their answers.

sansh (not working)     24 October 2014

Doesn't the wife get 50% share in husband's inherited/inheritable property?

Adv. Chandrasekhar (Advocate)     24 October 2014

Wife gets share only in the ancestral/inherited /self acquired property, if husband dies intestate (without writing a will).


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