Wife and son of Max have no share in property
suit to set aside sale deed ought to have been filed within 3 years
Grandfather's property sold without consent of an adult son and wife
Property's location is in Rajasthan. Tom wrote a will for his sons Sam and Max for the house he owned. He mentioned in the will that Sam and Max can stay in the house but not sell it. He gave Sam some special rights for some sort of execution in the will. For Max he mentioned that he will loose his share if he doesn't leave his bad habits of alcohol etc. Sam has two sons and wife. Mas has one son and wife. All children were adult. In 2006-2007 Sam and Max nullified the will. Sam bought Max's share at 10Rs. for the house worth that time 100Rs. Max's family had left him in 1993, son and wife but not legally divorced. Max sold at 10Rs. because of his bad habits. Sam's rational to convince Max to sell at that price is that I have spent all money in the rituals of the family and relatives and also maintaining the house. Max actually did not need any convincing. Max's son and wife never agreed to this and did send a notice sometime around 2009-2010 but then backed off as the legal matters and cost they could not handle. Max's son and wife never signed the papers for this deal. Sam has died in 2014 and Max is alive. Sam's sons and wife live in the house and Max had to leave the house in [deleted] after he sold the property. Can Max's sons and wife still claim their share? They do not live with Max since 1993.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
They can only claim rights given to max as their legal heirs. If they don't stay you can take objections on the same through legal notice or in court
Max's sons and wife will have share only after his demise. In the life time of Max, his heirs have no claim in his property.
Since the sale of Max share was in contrary to the condition of the WILL. Max could have claimed his right in the property.
The property was given to the sons by their father and could not be sold. Now that is a clause which cannot be enforced.
Also for max itvhas been mentioned that he'll lose his share if he continues with his bad habits. So that is on thing against him. Max Is still alive and hence he can claim his share over the property.
- Since , the said WILL was in favour of SAM and MAX , however they were not having the right to sell the property of Tom during their life time.
- Hence, after the death of Sam , their legal heirs claim the share in the property of Tom legally.
This property belonged to the father of both Sam and Max.
Their father bequeathed the property to both his sons.
The property were duly acquired and was in possession and enjoyment of both the sons.
Thus during the lifetime of the sons, the property shall be their own and absolute property.
In this Max sold his share to his brother for a valid consideration.
The wife or son of Max do not have any rights in the share of the property that Max sold.
Therefore any claim made by the wife or the son of Max in this regard is not legally maintainable or tenable in law.
Dear Client,
Max son and wife did not live with him since 1993 but his son as the legal heir has share in that property as it is an ancestral property.
Thank You.
