Threat for property stay
rashmi
(Querist) 29 May 2016
This query is : Resolved
Hi,
Please help me I am very much tensed due to my husband sisters behavior towards us ,actually my mother in law was killed by someone on june 2011 and then as she was having one plot in which nominee was my husbands sister and she left some LIC amount for her ,after her death my husband took the pain and got all the paper work done ,he transferred amount in his sister account LIC amount and plot which was sold out ,that point of time she was having good terms with him and she gave money to my husband for flat but now our terms with his married sister is not so good so she is threatening us that she will put a stay order on a property owned by my husband which he purchased ,please suggest i need immediate help.
dr g balakrishnan
(Expert) 29 May 2016
do u have the proof of your mother in law had been killed by some X, if her own children then naturally that person cannot lay claim on her property pls,
Rajendra K Goyal
(Expert) 29 May 2016
If the property is in the name of your husband, his sister has no right in it. what type of stay she want to bring?
If she has proof of giving money, she can claim the same back through suit.
Kumar Doab
(Expert) 29 May 2016
It is believed that you are Hindu.
Property: The plot was in which state? Was it some CO-op Society.
Generically speaking: If it was self acquired property then it shall devolve equally upon husband and all children.
Signatures of all are required to sell.
LIC; LIC shall pay in the name of nominee and not in cash.
The proceeds are to be equally shared by all legal heirs.
The amounts paid by your husband in his sister's a/c are transaction and she can't deny. Rather she may have to explain what for it was!
Likewise if she has proof of having paid money to your husband she can claim.
Try to settle amicably and preferably register a family settlement deed to avoid future disputes.
Consult an able counsel specializing in family/property/civil matters at your location.
Dr J C Vashista
(Expert) 31 May 2016
Vague query lacking vital information. How come sister challenge/claim from the self-acquired property of her brother (your husband)?
Consult a local prudent lawyer since the query has many issues involved.
RAVI K GOUD
(Expert) 31 May 2016
As your husband has the flat as self owned or acquired his sister can not have the claim on the said flat.
But as she has given some amount to him may be as loan if she is having the documentation/proof of that she may go on money recovery suit.
In the money suit by the Order of the Court, she can take an Attachment before judgment U/Order XXXVIII Rule 1-6 C.P.C, on the flat if she is able to satisfy the court that he is indebted to her. Other than this she cannot do anything.
