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Fam1   20 September 2015

Claim on ancestral property

Dear Sirs,

Many years back my husband's grandfather passed away leaving behind 100 acre agricultural land solely to one grandson (my husband). It was mentioned very clearly in his will that whole land will go to one person  only. All of grandfather's children (my husband's aunts and uncles) agreed on the same and signed saying they want no take in it. My husband worked on the farm for 2 years, and went on to pursue a career abroad, leaving the farm to his brother (my brother in law). He transferred whole property to his brother without my consent, and since then 16 years have passed and his brother is working on the farm doing agriculture and farming. He has transferred all the papers etc to his name. We have since run into huge debts and financial trouble, and I want to know if I can claim half of the property as my own, since my husband gave it away totally and completely without my consent in the first place. What is my claim on this land as daughter in law? If my husband asks his brother for the land back, do we have a take in it? Can we get back 50 percent since it happened without my will? Kindly advise.



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 1 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

First of all, your husband has to file a case against his brothers, not you. The owner of the property is not mandated by law to take permission of his wife or husband.

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