partition

Issue legal notice thru advocate.

Hello,

If your brother in law is not ready for mutual partition in that case you have to approach court. Send legal notice and later on file suit for partition. 

For legal notice you to see or wait  for reply from him ,if he denies u have to file partition suit ,ur mother in law ia alive or not.

Who is in possession/occupation of the property?

It may take a minimum of 5 to a maximum of 15 years depending on the number of suits pending in your jurisdictional court.  Appeals further appeals may take another 30 years.  The presumption is your brother-in-law is in possession of the property and unless he wishes to dispose of it, there is no need for him to enter into litigation.

Dear querist,

Until the Amendment in 2005, daughters had no right to property. They were merely members of the family and did not have a share in the property. After marriage, a daughter was viewed as a part of her husband's family. But now, a daughter has certain rights that can be exercised.

There can be a transfer of share or interest by coparcener (co-owner) without actual partition of entire ancestral land. In some parts of the land, consent of co-owners, i.e. the consent of other coparceners, is required. There are other areas where the consent of other coparceners is not needed.     A coparcener can also transfer his share to another coparcener.  The registration of transfer deed can be optional or mandatory as per the Indian Registration Act.

When you inherit a property, besides proving your claim or rights, the other important thing is to have clear ownership evidence of the property. If proper property documents are available, the process of transfer becomes easier, but if it’s an ancestral property and proper documents are not available, the job becomes tough.

Regards,

Palak

Take possession of the property, issue notice to the effect, wait & watch his (your BIL's) behavour and proceed through a local prudent lawyer.

Without deciding your share legally don't try to construt building and inviting danger yourself