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Does my mother in law has rights to dispose off inherited property


17-Mar-2023 (In Property Law)

My Mother –in-Law became widow when she was 25 only having 4 daughters. Eldest was not married becoz of physical abnormality. Youngest daughter was divorced after 2 yrs of marriage having one son and since then staying with her mother. I am married to 3rd daughter in Delhi. My mother in law has inherited 12 acres of agricultural property from her in-laws (worth Rs 5 to 6 crores). She has sold 6 acres of land without our consultation. My question is… does she has rights to dispose off inherited property or make will in anybodys name without consulting her daughters??

Answers (3)

Answer #1
667 votes
I think it depends. If her succession was intestate then she cannot. However if the property came to her through a bequest which means a will then she can do so. So everything depends upon the nature of the transaction by way of which she came to inherit the property. Hope that answers your questions.
Answer #2
661 votes
All the daughters and mother are equal share holder in the property. Though she cannot sell however if any portion is already sold that cannot be cancelled unless you get a decree of patition from the court or enter in family settlement.
Answer #3
873 votes
If she has inherited that property for being a member of the joint familyi.e certainly i hope your mother in law inherited it for being the wife of your expired father in law. Then it is dwelling on her and such property cannot be disposed off without the acceptance and willingness of all her children since all her legal heirs will have a right for their share. So you can contest the case by filing suit for partition and permanent injunction for not interfering with the enjoyment of that property by any third party. You will have to make the person who bought the said 6 acres as one of the parties. Good case to contest.

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