Legal Question in Real Estate Law in India

Sir,

My father-in-law transferred to his ancestral property to his son without the knowledge of my wife who is a legal heir of my father-in -law. Is it legally right to transfer without my wife presence there? 2. My wife can take what steps to get her share of property in her name? What course of action is required in this case to get the the share of the ancestral property?


Asked on 9/16/10, 11:25 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

You have not mentioned as to how did you treat the property as ancestral property in the hands of your father in law. If it was ancestral property in the hands of your father- in - law, then your wife had share in the property. She may claim for partition of the property but now that property has already been transferred in favour of her brother, she will have to get declaration from the court to nullify the transfer from father in law to his son, for which a suit is to be filed. In the same suit you may ask for partition and claim your share in it.

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Answered on 9/16/10, 11:52 pm


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