Brother not giving share in father's property..
29-Jun-2023 (In Property Law)
We are Hindu. My husband has two brothers, our house is in the name of my father-in-law, we have a house of four 4th floors. we live on the first floor, the ground floor is given by his brother on rent, My husband's brother has sold the second floor, my father-in-law lives with his brother on a third floor. Now My husband's brother wants to sell our first-floor also., He wants us to get out of the house. Please advise what we do now?
Hello ma’am. I have perused your legal query. Whether your brother in law with the consent of your father in law can dispose off the first floor depends on the nature of the property. In case it is ancestral then your husband along with his father and brother have an equal share in the property. His brother cannot sell it without first obtaining an NOC from your husband. He is also entitled to 1/3rd share in the sale proceeds of the second floor. In case the property is self acquired your father in law has the right to either dispose it to a person of his choosing by sale or through a will. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
in this matter you are in great difficulty i agreee but in this matter things are very much complicated its true but in these conditions the thing have to be catched in your hands with the help of the court then only it is possible otherwise it will not be possible in any condition .
i can assure you tht your husband will get his part of share in his fathers peoperty i can assure you byt for tht you need to go bybthe help of the court. tht is the only solution.
i can assure you tht your husband will get his part of share in his fathers peoperty i can assure you byt for tht you need to go bybthe help of the court. tht is the only solution.
Since the property is in the name of your father in law. The share in the property can not be claimed as a matter of right. Ultimately, when there is a will executed by the owner or the share in the property is transferred to your husband. Only then his share can be sold.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Varisan certificate process and fees and from where it is applied
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."