Legal Question in Real Estate Law in India

my husband have two brothers .my husband is samller and the younger one expiered he has one 8yr son and his wife got married to someone else who is taking care of her and her son now the elder one is atying separetly .my husband have uncle and auntly who used stay in one house only .his aunty and uncle have only one daughter who got intercaste marriage and have two daughter .the house is of the enchester. my husband grandfather had two wifes the frist wife son is my husbands uncle .then the frist wife died the seconds wifes son is my husband father .but my husbands uncle made the house on his name and it is on is name .but my husband took care of his uncle&aunty now it coming the question the share and you adivse me we can sell the house but we dont want to sell but now my sister in law is asking for her share(husbands sister)as her daughter have to get marrried . .


Asked on 8/30/10, 9:25 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

all the people concerned have an equal share in the property as the property is ancestral and not self acquired. you cannot sell the house but the same needs to be partitioned.

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Answered on 8/30/10, 9:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since she is entitled to a share and since she is in need; the option may be :

(a) either you buy her share;

(b) or partition the property so that she can sell her share;

(c) or sell the property and divide the sale proceeds.

You should regulate your "want" as per need of the situation. If you "do not want" to sell the property, you should buy out the other share holder.

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Answered on 9/06/10, 11:49 pm


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