Regarding the property
gmvsmanian
(Querist) 04 January 2011
This query is : Resolved
My father in law expired last year.There is one house & some land in the name him.My wife is having 3 brothers & two sisters.Her brothers are taking some actions to sell the properties.Whether they are able sell the property without daughters signature?All the properties are self earned property.There is no will for the properties.
They want to change name from father in law name to their (sons) name.Whether it is possible without the permission of the daughters.As per the law what is maximum period the property is in the name of the expired person.
How to stop for selling the property & change the name from father in law to their sons name?
R.Ramachandran
(Expert) 04 January 2011
I presume that the property is your father-in-law's self acquired property. Since he has not left any WILL, the property would go by way of inheritance to all his legal heirs i.e. his widow, son(s) and daughter(s) equally.
First and foremost they have to get succession certificate and they have to partition the property between the legal heirs. They would not be able to sell the property without the consent / signature of the legal heirs. There is no time limit for the property to be in the name of the deceased person. If you want to stop the property being sold without giving a share to your wife, then your wife has to file a suit demanding her share in the property.
M V Gupta
(Expert) 05 January 2011
Shri. Ramachandran has already indicated the rights of the daughters and other legal heirs. Property card cannot be changed without production of the succession certificate.Even your wife can file a petition for issue of succession certificate. If the property is sold without joining the daughter's it would not be binding on the daughters shares in the property and the daughters can challenge the validity of the sale deed. The sale deed will have effect only in respect of the undivided shares of the brothers signng the sale deed. It would be advisable to get a lawyer's notice issued to the brothers asking them to desist from selling the property without their cinsent or without pertitioning the property. The notice can also demand for partition. If inspite of the notice the brothers try to dispose of the property then the daughters may have to file appropriate suit for partition and injunction.
Sri Vijayan.A
(Expert) 06 January 2011
Instead of succession certificate, legal heir certificate is enough.
The LH certificate is issued by Tahsildar.
For other things, I agree with other Experts.
M V Gupta
(Expert) 08 January 2011
Although heirship certificate may be useful for the limited purpose of mutating the revenue records, in the instant case it may not serve the purpose as the brothers are trying to dispose of the property without consent of the sisters and trying to deny them their rights. Hence a suit for parttition and injunction would safe guard the interests of the sisters.
Advocate. Arunagiri
(Expert) 08 January 2011
Do you think that some body will buy this property without proper documents to prove their legalheirship?
However you have every right to file a partition suit.
