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umaramesh (homemaker)     05 March 2016

Partition

My husband died intestate leaving behind our minor child my mother in law and me as his legal heirs. No partition has been made between us. But my father in law is trying to sell his wife's share of  the undivided property which was mortgaged by my husband for housing loan for which EMI is being paid by me. Can he sell it? Is the concept of minor property involved in this?please suggest me 



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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 March 2016

If the property is your husband's self acquired  property then it will divided among you and your children (minors also) and your inlaws as HS Act.  moreover how can your fatherinlaw sell the property when it was in Mortgage and un-divided property.  consult a local counsel with details regarding property you have.

saravanan s (legal advisor)     06 March 2016

Another thing is without defining his share in the undivided property he can't sell it to anyone.got to first mutate the property and got to go for a family settlement

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