Need urgent help

Usha Gupta (Querist) 07 September 2011 This query is : Resolved
hello sir,
I, Usha Gupta from Varanasi. i am in a great need of ur help. My husband who is the elder son of the family always use to think of himself as a second sharvan Kumar. He have two younger brothers and two younger sisters. He always honoured his parents. He and I brought up our younger brothers and sisters in laws as our own children. Presently all of them are married.
We have two ancestral house, one plot and a house purchased by my husband in his parent’s name and one house in which the share of my husband and his two brothers and his mother name.
All the goods and jewelleries were in my in-laws custody
My husband after completing his studies started his business with his second brother earned a lot by this business, they spent all the earnings on his family and purchased plots and houses on my in-laws name. They even purchased gold, silver jeweleries and biscuits.
I and my husband arranged marriage of his younger brother and sister. his second sister is married in Allahabad. his third brother wanted to do his masters in abroad so my husband helped him in every way. he went there and after his study he got job there and settled in U.S. with his Spanish wife and daughter.
My husband's second younger sister also after completing her studies got married and lives in Gur-gaun.
I have two children and when it was time for my daughter for higher studies fees. They refused to give a single penny and my husband and i was too much shocked.
They took all the powers of the property. And told that they will think what and when to distribute the property later on. all of us live in one of our ancestral house, we only use one room one kitchen and a bathroom and the whole house is in there custody. another house is used by my second number brother in law. We used to use for business the house which is in the name of my husband, brother in laws and my mother in laws name. my mother in law is running a school in the plot purchased by my husband on his parents name. presently only the place where we would do business is in our under, where we planned to start any new business because our old factory is not running well due to power cut and labors. i
All the movable and immovable properties and all my dowry, jeweleries (stridhan) etc are in their custody which they are refusing to give me.
My father in law passed away in the year 2009. after his death my husband performed all the ceremonies which are in Hindu custom. after some time we come to know about that my second brother in law has claimed that my father in law has a will in which he have given all the ancestral property to him. so after discussing some of our relatives we suit a file. but since one year is over we are not getting any response just only date after date.
and now my brother in law is saying to put a part ion in only one share of his where we used to work and they will take custody in the rest of their parts. all the family members are with their side.
how can we prove that when my husband and his brother purchased the plot and houses my in laws didn't spent a single penny, because my father in law was jobless and my mother in law was primary teacher. and his younger brother was at 9 standard student. My mother in law gets nice sum of pension and she also runs a school from where she is earning lot. She have kept tenants in another house which is in her and her husband’s name is earning good from their.
sir kindly please help me soon because we don’t have any source of income and if they will throw us out we cant do anything in our small share. We are in great need of your help and advice. My husband is in great depression.
thanks

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Raj Kumar Makkad (Expert) 07 September 2011
There is no need to have any depression. You and your husband both sacrificed your every moment of happiness for the welfare of your brothers in law and sisters in law. They might have forgot you but God shall never do. There is no need to need to make relations bad with them. You have already filed suit. You need to persue it seriously. In the present system of legal delievery, some more time incurs but ultimately you shall definitely get justice and thereby you shall get entire properties.

So far as your query regarding proving the purchasing of property only by the money of your husband is concerned, I shall have t tell you clearly that legally who so ever is shown owner in the title deed, he is exclusive owner of that property irrespective of the fact, who incurred money therein. So neither it can be proved nor legally it is tenable. You can gain nothing by claiming such things. You contest the case of will honestly.