Legal Question in Real Estate Law in India

Hello sir, My father in law's property is divided by common roof and wall. The door is his elder brother. This property was given to them by their mother. Also she has written a will but it is done in an illegal way. The will states that my father in law or his successors should get NOC for selling from his brother. His brother can buy the property for whatever it deems to be right is also stated in the will. The will also states that we can't demolish, gift, exchange with their permission. But they can do what ever they want. Now his brother has tranferred the property to his daughter. She is just offering us a very low rate with which we can get anything, but since my father in law is no more, my husband and mother in law are the equal partners in the property. My husband doesn't want to sell the property but my mother in law is pressurising him to sell it to the next door daughter. Even she is dealing with her without my husband's knowledge. Is there any way we can stop this or can they do anything so that my husband doesn't get a share. In case is there any possibility that i can prevent the sale of property.


Asked on 3/10/14, 12:54 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.03.2014

Dear Madam,

Your grandmother in law has inserted several conditions in her Will, to protect the interests of your father-in-law's brother. You need to weigh the pros and cons and see where your benefit lies. If your mother-in-law is insisting your husband to sell your husband's share in the property to the next door neighbour's daughter, tell your husband that the sale proceeds will be equally divided in three shares - one third share to your mother-in-law and two third shares to you and your husband. Preventing the sale of property is not recommended.

Regards,

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Answered on 3/10/14, 7:28 pm


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