Property dispute
3 years ago
My father in law expired last year according to his will he has written is property in my husband name that is his last will but my husband brother is not allowing us to sell the property because the sale deed has both my brother in law and father in law name its a joint property . But the whole property was funded by my father in law it his self acquired property . How can my brother in law claim his share
Srinivasa Prasad
Responded 3 years ago
A.Going by your version, i.e., purchase of property was funded by your FIL, during relevant purchase date the age, income status and earning capacity of your BIL has to be taken into consideration. If he is a student / without income he is only a nominal party without contribution.
However, to challenge a registered document it is not advisable, but using the Will of your FIL, you can offer to sell the half share of your FIL to your BIL i.e., offer Right of First Refusal to him, if he refuses to purchase, then you can sell the same to outsider.
The entire property cannot be sold by you, as it is in Joint names of your FIL & BIL.
However, to challenge a registered document it is not advisable, but using the Will of your FIL, you can offer to sell the half share of your FIL to your BIL i.e., offer Right of First Refusal to him, if he refuses to purchase, then you can sell the same to outsider.
The entire property cannot be sold by you, as it is in Joint names of your FIL & BIL.
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Kavery Anand
Responded 3 years ago
A.File partition suite to get ur Husband's share. .and submit latest WILL of Ur father in law...
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Rameshwar Dadhe
Responded 3 years ago
A.If joint name then how it will possible. Without both person consent not possible
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