2 Answers
Rights depend on property nature. If self-acquired, daughter in law cannot challenge.
Dear client,
If the father-in-law or family member bought the house for himself or herself, then the authorities have the right to sell the house without the daughter-in-law's approval. The daughter-in-law will not have any right to prevent or stop the sale from occurring. However, if the house was inherited under the Hindu Succession Act, 1956, each coparcener (which also includes sons and daughters after 2005) has a right to their portion of the ancestral property simply because they were born into that family. If your husband's sale deed has been signed and he is a coparcener, the sale would still be good to the extent he owns it. However, if the sale has occurred without any legitimate reason or without the input of coparceners that are minors (for example, your 6-year-old wants in on what should be her share of the sale), the courts have the authority to reverse this sale if challenged. A minor's property rights are protected to a very high degree. Any minority share sale will be questioned unless approved by court. While a daughter-in-law does not typically receive a share of the Ancestral property during the life of her husband, she may represent her minor daughter in a lawsuit if her daughter's interests or rights are harmed. She should speak with a local attorney that handles property rights for assistance with all documents necessary to support the suit.
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