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How to sell ancestral land in name of father in law and his sister?
24-Jun-2023 (In Property Law)
We want to sell off our ancestral land which is in the name of my father in law & his sister. It is a remote area & the sister's son has been staying & using the land for farming purpose since the last 6 - 7 years & claims to have been a care taker of the same & asking for the money in lieu of the same.
Though we did not have any discussion regarding him (father in law's sister's son) to take care of the property as a care taker, as the land is well maintained with boundary & does not require care taking.
What should we do?
In reply to your query, we would like to know where is the land situated and is the land agricultural or is the person merely using it for agricultural purpose, as depending upon these the appropriate proceedings can be initiated.
Since the share / portion of your father-in-law and his sister is also not specifically demarcated, a suit for partition can be filed, whereupon your father-in-law's share can be specified and thereafter he can sell the same to a third party, if he so desires.
Further, the relations between your father-in-law and his sister are also not clear from the question. The person in occupation can further say that he is in occupation of portion of his mother.
Hence, we would require more details to ascertain the way to secure your father-in-law' rights and interest in the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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