My Father-in- law's father had registered his 1/4th property to his 3 childrens and kept 1/4 th share for himself. My father-in-law is the youngest son. After some period, his both brothers sold their shares to my father-in-law. Due to old age, his father also registered his share to my father in law to taking care him. His father is no more now.
My father-in-law is about 85 years and had two sons and one daughter. Daughter is middle one. Due to some family issues with his children, Now he would like to sell his property for their maintenace to take care of himself and wife . Under the above circumstances, the Following queries may please be clarified :
(i) Will it be a Ancistreal Property as per the latest SC's amendments to HUF rules?
(ii) Whether he Can sell this property with out his children's consent based on latest amendments on Ancestral property ?
(iii) If he sells , can their children have any rights to raise legal dispute stating it as Ancestral property ?
Please kindly clarify the same?
1 Answer from Attorneys
where is the property situation in India? through legal research needs to be carried out after going through all the documents. Such technical queries cannot be answered without inputs.