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Mother in law is selling land without permission of her daughter

Shivendra Pratap Singh

Advocate

26/04/2022

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Question: My father-in-law has no more, his property registered in the name of my mother-in-law. Mother in law is selling land without permission of her daughter. my wife’s sign. My wife has one brother. Please tell me my wife’s rights.

Asked from: Maharashtra

However, the property is registered in the name of your mother in law but she is not an absolute owner of that property. If she had no source of income at the time of purchase of that property, that property is the self acquired property of your father in law. 

Your father in law has died intestate i.e. without making a will. Hence, property will devolve upon his legal heirs according to the law of inheritance. Widow and children are the class I heir. Therefore, they will inherit the property. A married daughter is also entitled to get her father’s property

Your mother in law has no right to alienate that property without consent of other legal heirs. If she is doing so, the legal heirs should file a civil suit for mandatory injunction. Thereby, the court will stop her from interfering in the property. The court will maintain the status quo regarding that property. 

Your wife can file that civil suit because she is co-owner of that property. No need to take permission from her brother for filing a civil suit. However, her brother is also a co-owner but each heir has exclusive right to approach the court. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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