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Payal Sharma (Assistant Manger - Training & Quality)     27 August 2014

Property related dispute

Hi Experts ,

 

My father-in law passed away instate in 1990 when my husband was a minor leaving behind his wife 3 daughters and 2 major and one minor son . My husband was minor at the time of his father's demise. My father-in law had a shop in Sadar Bazar Gurgaon and my mother in law sold it.No permission was seeked from court. Since eldest son was major he signed during the deal and she deposited some amount in the second son's account.However did not give any share or FD for my husband.Also did not fund his education as well. My husband completed education from Govt school on grants.She purchased a house in her name which is now of approx 2 crores valuation.

We are at the momment residing in the house owned by my mother -in law and donot have any accomodation apart from one room that has been given to us post marriage. Now she is threatening to throw us out of house and planning to transfer the property in name of one of her unmarried daughter.

Kindly suggest , if we can file a case ?

Will that have any strong ground since current property is in my mother -in laws name ?

In case if transfer already happens by the time we file a suit , can we still contest.

 

Please advise.

 

Payal Sharma



Learning

 1 Replies

Bhani Athreya (service)     18 October 2014

Hello Learned professionals...

Regarding My Father's share of property which he received by way registered partition deed of 1958. My father  received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)

They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are  married have family & children.

Now a few months back, we approached both my uncle-A & my uncle-B family to clear the title of the deed which is jointly held by my father and deceased unmarried brother. Though we offered a decent amount, SOME of the family members of uncles want to sell the property. We don't want to sell the ancestral house as my mom and brothers are emotionally attached to it. we are staying in the house for the last 50 years or so... They had not approached us so far for any share, we only offered decent settlement.

Any way while we expect to settle the issue amicably, we foresee a delay of one or two years in settling the issue with discussions.

We plan to have annual maintenance or renovation of the house before next monsoon.  If we start do repairs, can anyone stop us by a stay order or injunction. Or should we take any precaution by approaching court or police?

Please guide us


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