Father in law property
Sathiamurthy
(Querist) 23 May 2011
This query is : Resolved
I became the son in law of a family having one son and one daughter. Before marriage they showed their wealth and projected their family status having fifteen acres of land.
My father in law was not healthy during my marriage and had problem to walk properly due to numbness of one leg. My brother in law made my father in law to sell all property one by one and bought property at a different place. While buying all were bought in his name. All these properties were not bought from any of the earnings of my brother in law. He studied till SSLC and not gone for any job at any time till date.
Now my father in law as well as my mother in law passed away. My brother in law also got married and have kids.
Recently my brother in law started selling lands one by one. I asked him to give our share and do whatever he wants to do with his portion of land. He refuses to give any share. He states all the lands are in his name and nothing can be given as share to the female child (my wife).
Is there any way to get my wife’s share. The property though in his name currently, it is not bought from his earnings since he has not gone for any job at any time.
The land is situated in Pondicherry State.
abhay dholakiya
(Expert) 23 May 2011
yes your wife can file suit of partition because all property of your brother is not self earned and its purchase on their father income so your wife has a right but you have to prove in court that the property of your brother in law is not self earned
R.Ramachandran
(Expert) 23 May 2011
From the facts narrated by you, it seems that during the life time of your father-in-law, the property has been transferred/sold to some third parties, and the proceeds were used to purchase fresh properties in the name of his son (i.e. your brother in law). It appears, that the properties in question were the self-acquired / personal properties of your father-in-law. Therefore, your father-in-law can dispose of the said properties in whichever way that he wanted. Thus, if your father-in-law had sold his properties and from out of the sale proceeds new properties were purchased in the name of your brother-in-law, the same is legally valid. Your wife cannot ask any share from such properties. ONLY IF YOU HAVE ANY PROOF TO SAY THAT THE PROPERTIES IN QUESTION WERE 'ANCESTRAL IN NATURE' THEN YOUR WIFE CAN LAY A CLAIM FOR HER SHARE AS A CO-PARCENAR, otherwise not.
Sathiamurthy
(Querist) 24 May 2011
Thanks for your guidance. The property was not earned by my father in law. It is ancestral property. The property sold in father in law period was in Tamilnadu state and not earned by him. The share from the ancestral property was sold by my father in law and purchased new property in Pondicherry state. While buying new property this was bought in the name of his son (my brother in law) My brother in law in his life time has not earned anything on his own. He is living with the income from the land only. What steps you suggest me to take to claim my wife's share?.
Thanks,
Sathiam.
R.Ramachandran
(Expert) 24 May 2011
When you say the property is 'ancestral property' please indicate the basis on which you say so. Further, also state how and in what circumstances the property first of all came in your father-in-law's name?
Guest
(Expert) 26 May 2011
Agree with Mr. Ramachandran.
