Deepa (Nurse) 13 August 2011

Sale deed to son

My husband is having a BBMP property which is received from his father in SALE DEED mode, this property is purely owned from my father inlaw, my husband has one elder brother & younger sister & both are married, both have childrens, since this property is sold from my father inlaw to my husband & my husband sister is signed in the witness but my husband elder brother is not signed in the witness, First question: now can he claim his share in this property, second : can this sister also claim any share through legal though signed in witness, Third question ; can my father inlaw do any legal process on this property to restrict my husband for not claiming ownership,

request you to guide me what are the loop hole does my husband have in this property & also pls suggest what precautions do we need to take to avoid such senarios in future.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 August 2011

If it is ancestral property of your F I L then your husband's brothers, sisters, your mother in law can claim their share in the property.

Deepa (Nurse) 13 August 2011

Thanks for the promt reply,

this property is boughty from my father inlaw from his earnings 20 years back, pls suggest that will my husband have full rights to sale this property & will buyer have any legal issue from brother & sister if the buyer is bought from my husband. pls suggest with clear sentence because depending on your explaination only i will re-gain my confidence to face the situtation.

Thanks in advance

J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011

Hi Deepa,

It is a self acquired property by ur FIL , not an ancestral property , therefore, he can decide to whom it has to be transfered... And ur husband's sibblings can not claim their right over it. If ur husband has registered the Sale Deed and if it is reflected in the E.C.clearly , then u need not worry about it. Ur in-laws can not claim their right over the property..Moreover, it will be better if ur husband make a POA in ur favour for the said property..