Legal Question in Civil Litigation in India

My husband has inherited ancestral house property along with his brothers.Now they intends sell the property.I am having minor daughter and me and my daughter has no interest in selling the property.Does my minor daughter has any rights over the inherited property and can she stop the sale of property?


Asked on 2/08/13, 12:16 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The answer to your questions are here in below:-

1) YES.

2) YES by filing a case before the court......

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Answered on 2/08/13, 12:28 am
Fca Prashant Chavan Expert Edge LLP

08.02.2013

Dear Madam,

(A S Rao Nagar / Kamla Nagar / Kapra, Hyderabad, Andhra Pradesh)

It is possible that the brothers have decided to sell the ancestral property and equally divide the proceeds amongst the legal heirs. If your husband is in a position to retain the property and pay off and settle his brothers, by all means you should go ahead. If that was the case, your husband would surely have opted for the offer. In all likelihood, since no brother may be in the position to settle the others, they may have decided to take this step in the best interests of all the brothers. I understand that you may have some attachments and sentiments for the property, but you may need to keep your sentiments aside and think logically and practically. I feel your resistance may not prove to be feasible, and you may end up becoming a stumbling block in family relations.

"Whatever happens, happens for the good."

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/08/13, 7:18 am
Jayesh Desai Jayesh Desai

Yes, technically. It will be left on court to decide whether the sale is in the interest of the Minor or not. You should consider various other aspects also,like family peace, your relationship with husband etc.

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Answered on 2/08/13, 9:26 pm


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