Claim from my husband's property
aagrawal
(Querist) 30 May 2015
This query is : Resolved
My husband was 2nd of the three brothers.
Days before he passed away, he was suffering from depression. At that time, he had signed a deed saying:
Elder brother got a 3 storied building near to the market. In exchange he gave up his rights in other ancestral property. He is also agreed to move his business to the ground floor of this building.
Younger brother got 50% of the shop and at our house.
My husband got 50% of the shop and 2000sqft at the top floor of the shop as a place to live.
After his death, the elder brother said as it was never clarified that 50% of the shop belonged to my father only, he also should get 50% of it. So at the end, we got only 25% of the shop. Elder brother took 25% of the shop + 3 storied building.
The 3 storied building belonged to my father-in-law. The shop and house were actually part of an ancestral property shared with other relatives which was not divided ie there was no partition deed earmarking our share in those properties.
Elder brother has then proceeded to change the owner of the 3 storied building to his wife via a gift deed.
Now all other relatives want a division of house and shop property. It is only in this division the earmarking of house and shop will be done. It will finally clarify of what 25% in shop building we got and if we even got 2000sqft.
As part of this, the first settlement deed drawn up has been of the house property. I am being forced to accept a smaller part which the younger brother says doesn't qualify me to 2000sqft in "exchange". While he is happy with the "given up" part of the elder brother.
So I had a doubt - Can someone really agree to a division of their father's property if that really is a joint ancestral property. shouldn't the process be to get the ancestral property divided and settled with other relatives as to what their father owned and then divide? In which case how legal is elder brother's task of registering house in his wife's name?
Please help cause I am getting threats to take a smaller piece and give up even the 25% in the shop.
Sudhir Kumar, Advocate 
(Expert) 31 May 2015
you query can be attempted only after perusal of papers and inspection of property. Meet local lawyer.
P. Venu
(Expert) 31 May 2015
Was the deed as entered by your late husband registered. If not, you or your children can file a suit for partition, if you father-in-law is no more.
Kumar Doab
(Expert) 31 May 2015
Expert Mr.Venu has rightly suggested.
If the deed is not registered it may just be a MOU at the most.
However you seem to have copies of record pertaining to the property and understanding.
You and your children are ClassI legal heir(s) of your deceased husband.
As viewed by other relatives too the share is to be demarcated.
According to you your deceased husband was not in a sound mental condition during the days the said deed was signed.
You may seek counsel of a local lawyer dealing in such family/property/revenue/civil matters.
Your trusted and able lawyer can also guide for an fair amicable settlement for getting due share.................that might be possible thru intervention of elders..........
Dr J C Vashista
(Expert) 01 June 2015
Well advised by experts, I agree.
Contact, consult and engage a local prudent lawyer, show all documents and proceed as advised.
Rajendra K Goyal
(Expert) 02 June 2015
Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
There are chances for more reliefs than what appears in the present situation if handled properly, but for this the documents and related papers are to be perused, scrutinised which can be done by a local lawyer, consult one and seek for the relief of partition through court of law with an injunction application so that you may get justice.
