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UMother is a sole owner of a property which is on 2nd floor with no elevators and she is not medically fit as he has arthritis and my father has recently faced stroke. She is trying to sell the property but his decessed elder son’s (passed away 4 years ago) wife is harresing them and not allowing to sell the property. She has blocked a room in the property by putting a lock.
As a widow what are the options that she can block aged parents to not to sell property and what are the other options left that they can sell the property
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BIs it the deceased son’s wife’s matrimonial home? If she and the late son lived there as their marital residence, the wife may try to claim a right to residence under PWDVA. However, that does not necessarily mean she has the right to stay in the same house. The court may direct alternate accommodation instead.
Since the property was never in the deceased son’s name and the mother is the sole legal owner, she has the right to sell it. Any obstruction by the daughter-in-law can be challenged legally. The mother can file a civil suit for possession and injunction to remove her. If there is harassment or obstruction, a police complaint may also be considered.
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UYes, it is the deceased son’s matrimonial home. Both of them used to stay in the same house before the late son’s death. However, the property was never in the deceased son’s name; it was purchased by my father and has always been in the mother’s sole name.
She has tried to harass my parents, and at one point, there was an FIR filed at the police station, though this was around two years ago.
What are the other options to sell the property? Also, if the property is transferred to the younger son, will it be easier to sell?
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