Please suggest
Jyotsna
(Querist) 15 November 2011
This query is : Resolved
Hello,
Thanks for taking time to read my query. Sir/Ma'm, I explain my case below-
1)I am married and the property-in-question is that of my in-laws' ancestral property.
2)I stay in the same house with my mother-in-law and my husband
3)I lost my father-in-law early this year
4)The property is registered in the name of my grandfather-in-law who passed away in 1936
5) My grandmother-in-law also passed away in 1947
6)The widow of my father-in-law's elder brother also stays in the same house
7)Her married daughter stays with her family (her husband and 2 children aged 26 and 22) in the same house for over 22 years now.
8)The property papers are missing ever since the death of my father-in-law's elder brother which my mother-in-law presumes to be kept secretly by her "jethani" and her married daughter.
9)This cousin sister-in-law of mine has an elder brother who left the house 6 months after she stepped in with her family because of tensions in the family that both the mother and the daughter created with his wife.
10)I got married only a couple of years back and these 2 females are doing pretty much the same thing with me which they did with their own daughter-in-law/sister-in-law.
11)Our stay is always in tension and it is affecting my health bigtime.
12)Can you please suggest a way out.
Thanks so much for the help in anticipation.
Devajyoti Barman
(Expert) 15 November 2011
Filing a suit for partition and injunction should solve the problem.
Rajeev Kumar
(Expert) 15 November 2011
File a suit for partition and seek injunction is only remedy
prabhakar singh
(Expert) 15 November 2011
before any advise advancement to you i would like to know whether your husband is or is not??
This is bad to ask so but it is crucial to decide if you have the right to file a suit of partition or not????
I am asking so because you open with words you are married but there after do not say a word about your status of husband???
There may be still questions to get your query completed but first this one is relevant only there after i would be able to decide what questions further i should ask you to decide your remedy?????????????
Raj Kumar Makkad
(Expert) 15 November 2011
Prabhakar Singh ji! You have lost sight of point no. 2 wherein querist is saying that she is residing with her husband so your question seeks absurd and illogical.
Jyotsna! You problem is less legal and more family related. We can only suggest legal remedy. Your husband and your your mother in law even though not having property documents, can file a civil suit for partition and possession. If house is not so big creating separate portions having no connection with each other then on the order of court, it can be sold in open market and its proceeds can be distributed among all legal heirs of your grand-father in law as per legal provisions and if separate portions are available then there is no problem.
So far behavious of your another senior mother in law (tayee ji) and her daughter is concerned, it is your family matter and you have to solve it. I can only suggest not to fled like her own son and face them in the same coin.
prabhakar singh
(Expert) 16 November 2011
Yes! I have really over looked and i deeply regret for it mam Jyotsna and seek apology for that.
From statement made it comes out that all properties belonged to your husbands'grand father.
Both grandfather and grandmother of your husband are no more.
The other fact collectible is that your husband's grandfather had an elder brother who has also died living behind a married daughter and son and his widow who along with live in the same house.
But his son along with wife has left the house because of the bad behavior of his sister and mother with them.
As of now it is widow of the elder brother of your husband's grandfather her daughter and husband of daughter and their two major sons are living in the house and you both wife husband and your husbands' mother are living in the same house.
YOU ARE FACING PROBLEMS FROM OTHER SIDE DUE TO JOINT LIVING AND THEIR BAD NATURE WHICH YOU WANT TO ADDRESS LEGALLY HENCE YOU HAVE LOOKED TOWARDS US.
I THINK NOW I HAVE COLLECTED FACTS STATED CORRECTLY TO MAKE AN UNDERSTANDING.
In para [4] you have stated that "The property is registered in the name of my grandfather-in-law who passed away in 1936"
and you have further stated that those papers are missing and it is suspected that
it is the "other side"who have graved it.
MY OPINION NOW:
1]All of first ask your husband to visit the DISTRICT REGISTRATION OFFICE where he with help of a Urdu knowing person get the records inspected of past 60 to 70 years records before the death of his grand father.I am so advising because you state property papers were in his name and he died in 1936[i guess at then he might have been 70 to 80 at hisdeath],then if he bought the property and not his elder brother or their father then it should be some time he was at least between age 18 to 35 is an other guess from me.
HENCE I GUESS ON A ROUGH IDEA THAT FIRST INSPECTION AND SEARCH SHOULD BE MADE FOR PERIOD 1840 TO 1900 with help of an Urdu knowing person as the records would certainly in Urdu language is my other guess based on experience in my side[UP].Care should be on name based search concentrating on name of the buyer the grand father or his father or his elder brother as due to change in boundaries of land it would be difficult for your husband to comprehend with them.
IN CASE IT IS NOT FOUND IT SHOULD ALSO BE SEARCHED FOR PERIOD 1800 TO 1839.
AFTER THIS SEARCH YOU ARE ADVISED TO COME BACK ALONG WITH the search result and the pedigree of your husband's family starting from his great grand father,then his grand fathers[brother sisters both],then his father[brothers sisters both],each one born to every one in the line male or female should clearly be stated.
At this juncture I would not like to suggest any partition suit because of your statement that property is registered in your husband's grandfathers'name but his elder brother's widow has graved it to secure her interest of possession;if it is found true after inspection the suit i would advise shall not be of partition.
Why should i advise a suit of partition when a registered deed is searched out with ownership exclusively to your side??. Its' great question my mind is asking to me???
