Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

My wife's share

(Querist) 04 January 2012 This query is : Resolved 
sir i am living in my in laws house after the death of my Father in law in 1999 i was asked to shift with my kids to ludhiana and stay with my MIL , as my wife has two younger sisters only and no brother and my in laws always looked at my son as theirs and since i was residing alone with family in bhopal i was asked to shift to ludhiana and i did so without much thought in 1999.
now the point is that the house we stay in with my MIL is now in in the name in land records of all three daughters and my MIL the point is how do i protect my wife's interest in the property even though her name is mentioned in the FARD (land records) as i fear that after my death i do not want any problems for her as i have two oversmart Brother in laws who before had agreed verbally that this house belongs to my son who is now 20 yrs but when recently i asked them to endorse the same they kept quiet and have been sulking since then and my MIL says all things need to be done soch samajh ke
pls advise b4 things get heated up and complicated as relations are at stake
ajay sethi (Expert) 04 January 2012
if property is in name of 3 daughters what is the problem ? the other 2 daughters cannot without your wife signature sell the house.

if other 2 daughters are not agreeable to relinquish right on house i n favour of your son you cant force them
GURVINDER SACHDEV (Querist) 04 January 2012
i have never forced nor insisted its just an eventuality an apprehension just in case of my death or after my MIL what if they sell their part then in that case then what happens
niranjan (Expert) 04 January 2012
You are confusing.In the beginning you said that the house is in the name of three sisters and MIL and that your wife has no brothers,but then you say that you have over smart brothers in law.Any way,your wife has equal share in the property and so no one can sell her right without her consent and no one can force her to evict the house.If your other sisters in law give consent get relinquishment deed in favour of your wife..
Deepak Nair (Expert) 04 January 2012
Agree with Expert Niranjan.
Since the three sisters have equal shares and the property is undivided, nobody from the three sisters can sell the property with the consent of other sisters.
Your sisters in law can sell their share only after partition of the property.
Sankaranarayanan (Expert) 04 January 2012
Now all four have equal right and only of ur wife share is now in ur hand asper law. . As mr sethi said well that without other s reliqush then only ur son can . As if now ur wife only have legal right of her %. Of share
GURVINDER SACHDEV (Querist) 05 January 2012
ok how do i secure my wife's share in such a joint property so as to avoid any harrassment by any one in future this property belonged to my Father -in- law and now after his death it is in the name of my MIL and two other sister in law
Devajyoti Barman (Expert) 06 January 2012
They need to execute a mutual deed of partition.
Else filing a suit for partition is the only solution.
Shailesh Kr. Shah (Expert) 06 January 2012
I do agree with Mr.Barman.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :






Course