Suresh (ABC) 11 April 2011

Father sold Property to Son-in-Law

Hi,

My Father-in-law has a half acre property in a prime location of Trivandrum city that he inherited from his father. Recently my co-brother (Wife's Sister's husband) built a house on major portion of this property while we were outside the country. I think my father-in-law tranfered this part of the property to him with out the knowledge of my wife. Is he allowed to do this? Are there any legal options we can pursue ?

Regards Suresh

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G. ARAVINTHAN (Legal Consultant / Solicitor) 12 April 2011

if the entire property is inherited by way of will or any conveyance from his father, your father-in-law have full right over the property and can gift/sell the entire portion to any one. If he acquired it intestate, your wife can get her share in the ancestral property

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(Guest)

WHETHER INHERITED BY WILL OR INSTESTATE THE PERSON ACQUIRING WILL HAVE A OWN RIGHT TO PROPERTY. WHICH CANNOT BE CLAIMED FROM HIM. sO THE PERSON ACQUIRING THROUGH INHERITANCE WILL SELL HIS SHARE OF PROPERTY WITHOUT ANY ENCUMBRANCE. THE DATE OF SALE DEED WILL PLAY A IMPORTANT ROLE.

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