Wife's right on Father in law self purchased property in presence of husbund

Querist : Anonymous (Querist) 30 September 2010 This query is : Resolved
Hi,

We are Three brothrs all married and settled in diffrent places. Our Father ceased away 6 yrs back. Leaving one flat on name of my mother and nomination of three of us (brothers), which is currently in force. We two brothers want to transfer the said flat in name of our elder brother with mutual understanding of financial matters between three of us (rather based on current market valuation)and all three brothers areagree on this. But my wife dose not want to us to transfer the flat in the name of our brother. She tries to intervain in the matter and threat to go leagal about the matter.

Pls note the said flat is self purchased by my father and not inherited. and the Building in which flat is situated is going for redelopment in near future, and that is the basic reason for opposition. As per wife, we can sell off this flat at hire cost in future and shere the value and we brothers do not want to sell the flat at any cost.

So I want to ask the following,

1) Do my wife have right to intervain in the process of transfer.

2) Can she go legal against the matter.

3) Can we two brothrs transfer the property in name of our elder brother despite of oppose from my wife.

4) As a wife and in presence of Husbund, what is the extent of rights she have in fatehr in law's property.

pls advice asap.

Regards
Dattatray Sawant
sawantd@zeenetwork.com

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R.Ramachandran (Expert) 30 September 2010

Dear Sawant,
Your wife does not have any say as far as the property is concerned. She cannot take any legal steps in this matter.
But as a married man, you should know that in maintaining ultimate peace in the house she has a major say. When you are fearing whether she can take legal step, it only means that she will not settle with whatever advice that you give or whatever decision that you may ultimately take, her consent will be crucial for your mental peace.

pawan sharma (Expert) 30 September 2010
yes, i agree with Mr. R.Ramachandran.

Uma parameswaran (Expert) 30 September 2010
You can take steps to sell the property in which you have the absolute right and try to do it for your family's well being.