Hi,
I am new to this forum. I am facing some serious issues on my husband's partition property belongs to his father.
My father-in-law is the only son to his mom, where he transfered the entire property after her death. This is the only property which came from ancestor. 3200 sq of land with house on hot of city. He constructed it and partially let out for rent from his salary.
Other property details are - 2400 sqft of land, Bank balance after retirement and a shop, bought out of his salary.
MIL holds a 2400 Sqft of land in the same area above, jewels, pension of about 25k pm. (bought out of FIL's salary). She is not dependent on anyone.
My husband is the proprietor of the shop since they bought it 15 yrs back. shop in name of FIL.We belong to a Hindu family. FIL passed away in 2012 11 due a cancer, he didnt settle all the properties equally.
My husband has two siblings : 1: elder brother -passed away in 2006 leaving a 20 days old only kid, his wife is living with their parents ever since his death. 2: elder sister -divorced recently with a 12 yrs old son, 3: my husb survived by a wife and a kid.
In 2007 FIL settled & regst a portion of the house in my husb name which is around 1300 sq (total of 3200 sqft). Huby took loan and constructed his share of house, we have eb and property tax paying in huby's name since 2008.
Before 2 months of FIL's death, he was made to write a WILL, (registered) to his daughter saying settling the remaining 1900 sqft of house. actual plan was to divide that equally among Brother-in-law's son and SIL. But SIL took favour of the chance. After his death she executed the WILL with her mother and settlement was made, without anyone's notice (transfr the WILL to her mom and mom again settle back to her, stating none other can file suit saying they have rights on his share, since you are taking care of me on my old age, i am doing this favour for you). This happend 8 months ago.
FIL's wish is to give those two grounds 2400 sqt each and 25% of his settlemnt cash to broth-in-laws kid.
Just before three days of death of FIL, my huby took help of family lawyer, n wrote a will saying all other WILL get cancelled and i am transfring everything to my wife, this was not registered. (also the portion settled on my husb's name was not included in that WILL by mistake, it states the entire property of 3200 sqft belongs to his wife, but the settlement was made before 5 yrs).
We were staying with MIL after FIL's death, with false guidance on her daughter (whos is staying in house in backside), MIL has some disopinion, left the house n staying with her daughter.
MIL is Fighting with us saying all the properties are mine now, i can give to anyone (bearing the last WILL written in favour of her), wants me n huby to get ride of his settled portion. giving troubles to tenants, asking them to give complaint against us.
Now planning to settle everyone after FIL's first year ceremony.
SIL wants to take all the jewels, Settlement cash, land belongs to MIL. She wants to take off Shop and plot (name of FIL) also, but everyone is entitled for share on that.
question 1: Is my BIL's wife , Son is entitled for the 3200 sqft house ? (settled n registred already for huby n SIL), if she file a case, will the case create any prob for my huby's share?
2.is there any chance that she could get a share by filing a case from SIL's portion since the registration was made after FIL's death.
3. Does the WILL on MIL's name creates any problem for our portion ? she holds a copy of will, but Original copy is with our lawyer, he is ready to help us by disposing off the WILL on some other grounds.
3: Huby wants to take stay order on his sister's share - She is planning to construct the house disposing some property of MIL and FIL's cash, some bank loan. if we take stay order, can we have a chace to win ? temporarily stop her construction? can she go for loan for a disputed property ?
4. Can MIL or SIL sell out the properties belongs to FIL without my huby or bro's wife signature ?
We know that MIL will give SIL all her jewels n land, pension money. we are not bothered for that.
All i am concerned is - i want his Broth's son to get his justice and enjoy 2 plots (in name of fil n mil) and 25 % of settlement cash of FIL.We got a plot for the kid 2 yrs back,as our share for settlement, but did not disclose that to anyone so far. Is there still any way for that kid to get share from SIL's portion (its bigger one compared to us).
I think i wrote too big, but wanted to project every information. consulted two lawyers so far, each one telling different story, Pls guide me !!!!
