Property dispute among sisters
Vijay Khobragade
(Querist) 22 August 2016
This query is : Resolved
Dear Sirs,
I need your expert advice on the below matter,
My wife and her younger sister are the only daughters of my in-laws. Somehow, my in laws are close to my sister in law since she is 7 yrs younger to my wife and also could be due to my wife studied at her relatives placed since she was 6 yrs old.
Now my sister in law is also married and settled in US. But my mother in law want to dispose all the property in my sister in law's name. The details of the property are as below
1. ABout 24 acres of farm land near the express way. This land is inherited to my father in law since he was the only son of his father.
2. Also my in-laws sold about 6 acres of other farm land and bought residential properties in my mother-in-laws name and few properties in sister-in-laws name.
3. They also have 2 houses in a village, also inherited by my father-in-law.
Now legally, how my wife can approach for her air share in property.
Since my wife had suffered a lot since her childhood , I want her at least win legally.
Your expert opinion will be very helpful for us in this regards.
Thanks in advance.
Vijay
adv.bharat @ PUNE
(Expert) 23 August 2016
Whether the property is self acquired or ancestral?
Ur wife need to file suit for declaration and partition of property.
Guest
(Expert) 23 August 2016
Mr. Vijay Khobragade,
Wife had suffered a lot since her childhood, cannot be the ground to make her entitled to any share of the property of your in-laws during their life time. They are at liberty to dispose of their property at their sweet will.
Kumar Doab
(Expert) 23 August 2016
It is believed that owner is Hindu.
The property inherited from father may not necessarily be ancestral.
Your wife has no forced share in self earned/acquired properties of her Parents.
The owner can dispose his self acquired/self earned, share in estate in his life time as it pleases to him/her.
Raj Kumar Makkad
(Expert) 23 August 2016
You have told that property is ancestral in the hands of your father in law so your wife has also equal share as of your sister in law in all properties left by him but first ensure whether he is alive or has expired,
Your wife can file suit for partition and possession by way of inheritance of her father seeking equal share as of her sister.
So far as the sale of some of the properties is concerned, if the same was sold by your father in law during his life time then nothing can be done in that case but if the same has been sold by his legal heirs except your wife then this is an illegal act on their part and it can be got set aside by filing a civil suit.
Kumar Doab
(Expert) 23 August 2016
You have posted that:
" ABout 24 acres of farm land near the express way. This land is inherited to my father in law since he was the only son of his father...................They also have 2 houses in a village, also inherited by my father-in-law."
These may not necessarily be ancestral.
You may obtain mutation record with all link documents and show these to a very able counsel specializing in revenue/property/family/civil matters for a considered opinion.
Vijay Khobragade
(Querist) 23 August 2016
Dear Sir,
Thank you so much for your response. I would like to further ass that y father in law is alive and so does my mother in law.
Now i have little confusion here, what is the exact meaning of ancestral property. Since whatever property my father in law possess in inherited to him from his father. As far as i remember, when he sold his portion of land, he had taken NOC from his own sister.
It will really great on your part if you could guide me further before going to court.
Guest
(Expert) 23 August 2016
Yours being an academic query, I knew that you would ask a supplementary question also to find a solution to your academic query.
My earlier answer is final. Even if there is a slight truth in your story, legally you can't win. Also, even if you are informed about the meaning of ancestral property, that may not establish entitlement of your wife for any share. However, if you want to go to court to take a test, rather taste of litigation, you may feel free to do that. Your hired lawyer can completely satisfy all of your academic doubts.
Kumar Doab
(Expert) 23 August 2016
You have posted:
---In your 1st post:"This land is inherited to my father in law since he was the only son of his father."
Here there is no hint that your FIL had any other sibling/sister.
---In your last post: "Since whatever property my father in law possess in inherited to him from his father. As far as i remember, when he sold his portion of land, he had taken NOC from his own sister."
Here you have posted that your FIL has a sister.
You have also confirmed that your FIL,MIL are alive.
It is but obvious that if father of your FIL died without disposing his estate in his life time and without leaving a valid WILL, his estate shall devolve upon his mother (if alive), wife (if alive), sons, daughters in equal proportions.
Hence At the time of sale your FIL obtained NOC from his sister for reason known to him/sister etc.........
NOC so given may not necessarily be equivalent to relinquishment deed.
All said and done there is no change my 1st reply................
"The property inherited from father may not necessarily be ancestral.
Your wife has no forced share in self earned/acquired properties of her Parents."
Rajendra K Goyal
(Expert) 23 August 2016
If the property does not fulfill criteria of ancestral property, your wife has no claim till her parents are alive.
P. Venu 
(Expert) 24 August 2016
The question is whether the property involved are self acquired or otherwise€; this requires a close scrutiny of the facts as well the documents. As rightly pointed out, inherited property is not necessarily ancestral.
