Paid Advise

Mother in law is selling land without permission of her daughter

Shivendra Pratap Singh



Reading Time:

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


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

More For you

Appeal against dismissal of interlocutory application

Question: Appeal against dismissal of interlocutory application. My Grandparents had 7 children and among them 4 sons and 3 daughters. Joint family property is around 130 acres which was divided among all family members under Registered Family Settlement (RFS) in 1972...

Sale deed time out

Question: We had sold our land to a company back in 2018. He kept delaying registration but he paid us in instalments. We have around 70% of the total amount but we haven't been in touch for the last 2 years. We have filled our presence in tehsil on the last decided...

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.