Civil law
shobha
(Querist) 18 April 2012
This query is : Resolved
Sir,
My husband has filed a suite for his share in ancistor property which is situated in his native place. Along with that he as filed for declaration of self acquired property in the same place. We are living separately since from our marriage ie.,1991 in bangalore and we are having separate income as we both are working for a public sector organisation. The suites were filed in 2007. My husbands brother who is residing in the house constructed by my husband in his self acquired property for which declaration suite has filed. Even my father in law is also residing with him. They both are disputing that the self acquired property also belongs to joint family since partition of property is not yet taken. Further they are producing some false evidences such as tax paid receipts electricity meter purchase receipts etc which were intentionally build up by him which we came to know during the course of cross examination. We have not taken any loan for construction of that house. But we are having the sale deed for the self acquired property and also the khata is in my husbands name. Further my husbands sisters who are married have also filed for their share in the ancistors propertey. They both are not disputing for self acquired property. Hence can my brother in law and father in law both have right on the self acquired property. how long this case may take for settlement.
Rajeev Kumar
(Expert) 18 April 2012
No your father in-law, brother-in-law or any other person of your family member has no right in the self acquired property. Where as the question of ancestoral lies it will be distributed among all legal heirs. The case will decided atleast five to six years it is better to reach at amicable settlement with family member rather going into legal battle.
Adv.R.P.Chugh
(Expert) 18 April 2012
Dear Querist,
There is a presumption that whatever property is held in a person's name is his absolute property, this has to be rebutted by the party alleging otherwise. They would bear the burden of proving that your husband could not have so much of earnings required to purchase that particular property. For eg : having no independant source of income.
Similarly whatever is in name of Jt.Family is presumed to continue to be jt. family property.
adv. rajeev ( rajoo )
(Expert) 18 April 2012
They have to prove that self acquired property is property of joint family with documentary evidence. Moreover your husband is working, he has got independent income that is called as gains of earnings. So you need not to worry.
Shonee Kapoor
(Expert) 18 April 2012
I agree with the expert opinion provided in this regard.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 April 2012
There is no question of parting with the property standing in the name of your husband. Even your sisters in law can be called in the witness box in your support. Ancestral property should be divided among all legal heirs including your sisters in law.
Raj Kumar Makkad
(Expert) 18 April 2012
One thing more...You seem very sympathetic towards your husband in the mentioned matter and even you are ware of latest court proceeding in the pending case so why don't you both come together and lead a happy married life so that you jointly may face all eventualities of life including saving your property.
If my suggestion suits you, please consider it.
