Can father in law dispose his share as per his wish? After division.


My husband's father is making 3 shares of his ancestral property and giving 1 each to my husband and his brother, and keeping 1 share with himself. He says that for the share that he is keeping with himself, he will not make my husband or his brother the nominee, and is free to dispose it off at his will. Can he do so?

 

We are ok if he enjoys his share while he is alive but after that it must go to my husband and his brother. What should we do?

 

Answer

 

With respect to ancestral or Hindu coparcenary property, once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. 

 

Now as you have stated your husband’s father is dividing the property, so thereafter the property becomes self-acquired with respect to each coparcener and therefore he is at freedom to dispose off the same as per his will.

 

Kindly contact us for any further details and action.

 


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