property rights
pratyu
(Querist) 20 October 2009
This query is : Resolved
Sir,
1. I had been married to my husband 30yrs ago when i was 13yrs of age.At the time of marriage
elders had an agreement that my husband would get his father's elder brother's property
because that man had no children and had adopted my husband who is his younger brother's son.
2. he wrote a will stating that he had brought up my husband and educated him like his own child
since he was childless and that he was giving property to my husband in 1990.
3. MY husband is a sadist and has an extra marital affair, we have three children (one boy and two girls all of them are majors),
my son is doing a job now.my husband left us saying that he had educated his son and had
fullfilled his duties and from now on my son had to take our responsibility of the family
he had not even given any money or property to get the girls married ,5yrs ago he left us
and we don't even know his address.
4. He had sold the property received by him from his father's brother.we wanted to claim
maintainance from him and had filed a case 4 1/2yrs ago but he changed his address and
had left the private job and the case was closed.
5. I would like to know if my children have any right on their grandfather's property
and how should we claim any right on the property.what else action can we take on my
husband.
6. My husband's father did not get his share of property because they had divided the property before his birth.Since my husband's father's elder brother had no children, he brought up my husband like his own son and even got him married. please kindly
help me get some justice.we don't even know how much property my husband had recieved,
how should we find out about the will.
7. My husband used to claim that we had no right on the property since it was given
to him by his father's brother and not from his own father.
A V Vishal
(Expert) 20 October 2009
Yes, if your children are majors (even if they are minor also, you can act on their behalf as their natural guardian)they can repudiate the sale and file a suit in the court since the property in question is an ansectral property and you and your children have equal right in the same and your husband cannot unilaterally sell off the property without the consent of the wife and children. However, the problem is the whereabouts of your husband is unknown, you may have to make the purchaser also a party to the suit and claim the property.
joyce
(Expert) 20 October 2009
I agree with Vishal opinion.Get the details of property records from the concerned authorities, u will find when ur husband sold the property & to whom from that very thread try to get his adress if any,file a suit for partition. Go for paper publications also, contact any good senior counsel for ur case as it might go heavier.
adv. rajeev ( rajoo )
(Expert) 20 October 2009
yes your sons and duaghters have got along with you in the share of your husband in the property of your children grand father.
Go for suit for partition. You cannot ask independently for your share so you have to file a suit thru., your chidlren. it seems that all are majors. So u do one thing let the one of your sons or daughters to file a partition suit caliming her/his share. You all other members will be defendants.
Sachin Bhatia
(Expert) 20 October 2009
Agree with the opinion of Mr. Vishal & Joyce.
Raj Kumar Makkad
(Expert) 20 October 2009
I further suggest you to immediately file a complaint under section 12 of The Prevention of Women from domestic Violence act, 2005 wherein you demand restrainment of the sale of remaining property standing in the name of your husband. Give his last known address and get it published in local newspaper as per court procedure. In this way notice shall be treated as made and all revnue authorities shall be intimated to follow the verdict/order of the court.
So far as question of sold property is concerned, you as well your sons can challenge the sale of ancestral property as opined by various other experts.
