smita (teacher) 08 March 2013

Please help

i am 42 yeared lady,residing in vadodara. being rajput i married to a vaishnav man residing at kalol pms.

my husband is drunker, my father in law died in 2000,leaving propertymore than worth more then one cror.I moved to vadodara as I got job here as teacher and husband was at Kalol. he dont earn any thing. we have not taken legal separation, he comes and stay with us for couple of days. as he drinks a lot its difficult for me and my son to keep him with us. many a times when he is sick we take care of him.

i have two sisters in law both married to brahmin, my elder sister in law married second time, first she marred and took divorse .she had one daughter with first marriage , which she took with her to godhra, both sister in law nad brother in law work in irrigation department at godhra as senior typist .

second sister in law and brother in stay at dhuaran as brother in law is eng. in GEB at senior level

my both sisters in law and brothers in law are not allowing my husband to stay with us , stating that leave wife and son and and stay with sister at godhra nor they are ready to give my sons(aged 21) right to get his property .
now the situation is they don want to give my son his part of property.they want entire propety to be distributed in both sisters only. my brother in law told me and my son that we are not going to give you any thing do what ever you can. i will overcome what ever you do. he has got political back up so he threat me and my son. we are mentally harrashed and humialed after every now and then,

now at the age of 42 where do i go for help and how do i get my share.

at present i am facing lot of financial problem as i don have job now.

my husband is not in condition to say or fight for my sons rightas he drinks day and night.

what do i do now please help me and guide

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2 Replies

Adv. Chandrasekhar (Advocate) 08 March 2013

As long as your husband survives, neither you nor your children will have any right on the share of his property and hence, you cannot file partition suit to get the relief you wanted. But, there is a solution to your problem. You can file Domestic Violence case and in that you can aver that due to his severe drinking habits, there is apprehension in your mind that mischevious relatives and friends get his property transferred / gifted/ sold to them by putting him by putting him in inebriated condition and to prevent such exigency, seek the relief of stay of alienation / transfer / sale of the property. The court will grant such stay to you. Domestic Violence Case is a quasi-criminal (half civil and half criminal, predominantly civil but performs on the platform of criminal procedure code) and your husband will not be arrested and you can get much wanted relief.

Msk-need -nuetral- laws (self) 09 March 2013

Adding to above, provided ensure that your FIL had no will written ( intestate) and he inherited that as ancestral property. In this situation you have no other choice than to move with Domestic violence, but pettition nature should be largely seeking residence right and not physical volience drama if any suggested by some lawyer. also you have not told how long you are separated from your husband.

There are many facts before moving with above step, please consult good family lawyer with details.

A small addition to Adv Chandu details, when it is inherited ancestral propety, it can not be gifted when legal heir through marriage is available and live. And if he had got it through will written, still as a legally tied wife, you and your son have rights to move to court under DV. But in such cases, it is largely based on decision of your husband move legally.