Querist :
Anonymous
(Querist) 27 June 2010
This query is : Resolved
I'm married in a joint family.My husband has 2 brothers,one elder and one younger.We live in a complex where we have residential house and 2 factories.The land of residential as well as that of the factory is in the name of my father-in-law.My husband is a 1/3rd partner in one of the factories,the 2/3rd partners being the other brothers.Nowthe elder brother fabricated a 30 year bogus lease in his name and snatched the factory from my husband.As a result my husband has no income and dependent on my father-in-law.A case is pending in the court for the same.Couple of years back my father-in-law and the 2 brothers came together against my husband,myself and my daughter.They are threatning to turn out my family from the home.To mention,my husband is around 48 yrs and has been staying in this house since birth.I married 25 yrs back and since then has been staying in this home.My father-in-law is a popular politician and very influential person.My husband is a heart patient.My father-in-law is threatning us to take our belongings and leave house or else he will get my family eliminated.As a result of this threat,my mother wrote a complaint to the ssp regarding the safety of my family.We have a common kitchen.My query is can my father-in-law turn my family out of house or can he stop our eating food from the joint kitchen?My father-in-law has even stopped giving school fee for my daughter who is a brilliant student.Since last month,my mother has been sending me money to meet our daily expenses.It is not possible for her to send money to us every month as she is living on a family pension herself.And to mention,my father-in-law is around 80 years old but still has everything in his control.Very dominating and even a characteless person.He married again at the age of 70 after my mother-in-law expired.please advice.The house where we stay is in the name of father-in-law and is his self acquired property.Can he turn me,my husband and my daughter out of the house?
Devajyoti Barman
(Expert) 27 June 2010
In the present circumstances your husband can file suit for partition and injunction so that you are not forcefully evicted in the meantime. That apart he could also file a suit for dissolution of partnership and for accounts so that he could receive his dues.
Querist :
Anonymous
(Querist) 27 June 2010
But the property is in the name of my father-in-law and that is his self acquired property.I'm not sure if he has debarred my husband from his all moveable and immoveable properties.Myhusband doesn't have any property in his name.He is a partner in one of the factories but his elder brother has fabricated a 30 year lease in his name for mere rs 1000/ year..can he file a suit for partition when nothing is in his name and can he file injunction when the house is in the name of father-in-law
Uma parameswaran
(Expert) 29 June 2010
You can file partition suit and for dissolution of partnership.
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