Sale of share in property
PPBiswas
(Querist) 05 October 2013
This query is : Resolved
My father-in law died intestate soon after making an agreement to sell his house.He and his wife both signed and received 20% of the sale price as advance.After his death,his wife,son and daughter made a judicial affidavit by an executive magistrate declaring their heirship and willingness to honour the agreement.Mutation and NOC has been done in favour of three of them.Now my mother-in-law wants the whole amount- so a dispute is brewing.My questions are:
1.Can my wife sell her share of the unpartitioned property to the same buyer for 1/3rd of the sale price?
2.If my mother-in-law and her son pressurize my wife to gift her share to them, can my wife put an injunction on the sale?
3.If my mother-in-law forcibly prevents my wife from entering the house,what remedy is there to ensure right of possession for my wife?
4.How can my wife claim her share of the gold and cash that belonged to her father but is now being held solely by her mother?
Ms.Nirmala P.Rao
(Expert) 05 October 2013
Dear Client,
Your wife being a Call 1 heir-is entitled to 1/3 share of her late fathers property both movable(gold and cash) and immovable,i.e., house property as he died intestate. She can enforce her rights through a suit for partition and allotment of her 1/3 rd share from her mother. Pending the suit proceedings- the Court may grant injunction to restrain your mother in law from preventing your wife entering the house. You best accept cash- in lieu of your wife's 1/3rd share in the property.
Rajendra K Goyal
(Expert) 06 October 2013
Your wife is entitled for 1/3rd share in the property of her father. She can file partition suit.
PPBiswas
(Querist) 06 October 2013
Please answer question no:1.Can my wife sell her share to the buyer legally without taking consent from her mother and brother?Mother having personally received 20% as advance from the same buyer, is already a party to the deal.
Ms.Nirmala P.Rao
(Expert) 07 October 2013
Dear Client,
When there is a dispute, her only remedy is to file a suit for partition and allotment of her 1/3 rd share to her through court. Without such litigation, she can't sell her share.If she forcibly tries to sell without her mother and brother's consent they may initiate legal proceedings to stop her. It's best all three of them sit together and amicably settle the property dispute by entering in to a "Family Settlement" through a Deed as per law.
Rajendra K Goyal
(Expert) 07 October 2013
She can sell but chances of stay are there.
