can we reclaim property if sold without consent of the other cousins
06-Aug-2023 (In Property Law)
my sister's brother in law is going to sell some property owned by his mother. my sister wants her equal share of that property before the deal gets executed. now they are going to sell the land which is more fertile and useful, which would be wrong according to my sister as remaining land would be of no use in terms of farming. she is asking to divide all the available property equally among both of the brothers(her husband and brother in law).so if her husband doesn't oppose his older brother's decision for going against my sister's will and sells the fertile land, can my sister claim on the property with some law suit application to stop the deal and get her equal share of that property?
This is my response to you:
1. Is it ancestral property?
2. If yes then your sister can stake a claim;
3. Although it will be preferable if her husband files a claim in court;
4. Ask him to obtain injunction order;
5. Consult a local lawyer and take steps.
1. Is it ancestral property?
2. If yes then your sister can stake a claim;
3. Although it will be preferable if her husband files a claim in court;
4. Ask him to obtain injunction order;
5. Consult a local lawyer and take steps.
First of all you need to know under which succession law is sister being regulated. It can be either personal law or indian succession act. Once she comes to know that she will know which class of heir does she belong to and what right will she have.
on the other hand if your sisters husband is not acting with her then the major issue may arise.
Regards,
Saqib Gigani.
on the other hand if your sisters husband is not acting with her then the major issue may arise.
Regards,
Saqib Gigani.
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.
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