Father's Property
Prasad N Patil
(Querist) 19 May 2011
This query is : Resolved
Pl advice for the following issue.
My Father-in-law-had purchased the following properties:(A)-Mumbai / (B)-Mumbai & (C)-Bhiwandi taluka.
Since the sad demise of my father-in-law one yr earlier his sibling (all 09 them-06 brothers & 04 sisters,including my wife)starting to fight amongst them selves for a proper share in their father's property.
Currently all the brother are planning to sell property (A) in mumbai and share as per law,but are reluctuant to part with property (B) & (C).
Is this lawful,pl provide a way.
Also Will made by father-in law is not shown to the sisters.
Pl advice & give a contact of a good lawyer in mumbai.
A V Vishal
(Expert) 19 May 2011
palnitkar v v : vpalnitkar@gmail.com
cell no. 9665020111, 9823377008.
Guest
(Expert) 20 May 2011
When dispute is between 10 members of a family, it is nothing except a dispute of a large scale and can't be settled without selling the property with mutual consent. Even if the brothers try to sell without taking their sisters (including your wife) in to confidence, they would not be able to satisfy the buyer of the property without showing the will, if there is any, and the buyer automatically would ask about the heirs of your father-in-law.
If per chance they are able to sell, your wife can raise the dispute on sale of the property.
M V Gupta
(Expert) 21 May 2011
you have not stated whether the property is ancestral or self acquired porperty of your f-in-law. In either case if your father in law died intestate the brothers cannot sell any of the properties without the consent of all children including daughters of the deceased. If the property is self acquired and a will has been executed then the peoprty will devolve on the various children or the deceased, sons and daughters, as per the will. The will needs to be probalted before it can be acted upon.
