Sale of house
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
my husband is selling his ancestrial property with out my consent.is there any right for me or for my children to stop this.
R.Ramachandran
(Expert) 25 September 2011
If you happen to be in any place other then Madras (i.e. dravidian school), and if it is "ancestral property", then surely you and your children will hae their right in the same. It is not clear whether your children are minor or major. If even any one of the children is major he/she can demand partition. If any of the children is a minor and his interests have to be protected, then a suit for partition has to be filed on his behalf by a guardian.
But, before doing any of the above, you have to be sure that the property is really "ancestral" in character. I am not sure what is your basis for saying that the property is "ancestral".
I think that you say that the property is "ancestral" simply because that the said property was not self-earned property of your husband but he received it from his father.
But what is important is one has to know whether the said property was purchased by the father of your husband, or he also received the said property from his father etc.
If it was a self-purchased property of your father-in-law and if your husband had inherited it after the death or your father in law, then the property is not "ancestral" but it will be treated as "personal property" of your husband. In that case, none of you have any right or claim to any share in the same.
Shastri J.K.
(Expert) 25 September 2011
I agree with mr.R.Ramachandran.
Querist :
Anonymous
(Querist) 25 September 2011
sir ,
My husband received the land from his father and father in law got from his mother.My mother-in-law is alive, she also agreed to sell this prperty . my daughter 23 ys ,is married and having a son.my son is 16 years old.House is built by father-in law and renovated by my husband.
R.Ramachandran
(Expert) 25 September 2011
The property got by your father-in-law from his mother is NOT "Ancestral property". Only those properties that might have been received from male ancestors (not female ancestors as in this case) would be considered as "ancestral property".
The said property in the hands of your father-in-law was his "personal property".
Therefore, the character of the property which your husband inherited, is his "personal property". Being his personal property, he has every right to deal with it. Nobody can object to it. Nobody else other than your husband has any right or claim over the said property.
If your husband is selling the said property, neither you, nor your children can object to it. At best, being family members you can gently persuade him not to sell the same - as there is no necessity - he has to consider the future of his children etc. etc.
ajay sethi
(Expert) 25 September 2011
i agree with expert opinion of MR Ramchandran
prabhakar singh
(Expert) 25 September 2011
Mr .Ramchandran has informed you correctly that you or your son can not legally stop them from selling,but you can file a suit for maintenance on your behalf as well as on your son behalf that your husband would be having no means to maintain you if he disposes the suit properties there fore a charge be created thereon.Then whoever will buy shall be liable to give maintenance to you.
Raj Kumar Makkad
(Expert) 25 September 2011
In the given facts wherein the discussed property was personal property of your husband, can be sold by him without seeking consent from you.
Sailesh Kumar Shah
(Expert) 25 September 2011
No body restricts to dispose Personal property in any manner whatsoever. you also can't stop legally.
Guest
(Expert) 27 September 2011
Perfect advice by Shri Ramachandran.
