Property

Sravs (Querist) 26 May 2018 This query is : Resolved
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Sravs (Querist) 26 May 2018
Hi, my father-in-law is having a property which he brought it on his own however in the documents it has been mentioned as heridity, in few of the assets as from sale. My mother-in-law is a second wife and she has been expired recently. My father-in-law is having only 2 daughters from my mother-in-law. My father-in-law is having 1 elder daughter from his first wife. She is involved in all the businesses and land assets. My father-in-law has adopted a son from orphanage home and he is having 2 sons. His name as son has been mentioned in the Ration card, aadhar card. My wife and her sister brought up in such a way they do not know the details of their assets. We do not know the elder daughter has written the assets on her name. Can we give injunction order if it happens or any other way to get the assets of her father rightfully. Regards, Kiran

Ms.Usha Kapoor (Expert) 26 May 2018
Yes you can file a suit for declaration of shares in favor..of two sisters.If property is ancestral stay petition will be considered by a competent court and would grant stay. If it is self acquired property no stay will be granted. Meanwhile you seek a temporary in junction or stay of disposal of assets in the possession of Father in law and not to sell the assets till the disposal of suit.Also check for mutations in revenue records. If your father's name is there late you can get his name replaced by sisters names.Anyway your father in law is still alive. and it is his self acquired property. Let him manage and partition the property according to the shares of each family member.

SHIRISH PAWAR, 7738990900 (Expert) 26 May 2018
Since father in law is alive it is advisable to keep silence. It is his property he can dispose of as per his wish. You can find out property details from village office / talathi office.

K Rajasekharan (Expert) 26 May 2018
You have left with no option to file a case or pray for an injunction against your father in regard to his self acquired property, about which he has full authority to decide how it should be partitioned among his heirs or how it should be disposed of.

Sravs (Querist) 26 May 2018
Initially few of the properties are bought on my mother-in-laws name, and it has been transfered to my father-in-law as a gift registration before my mother-in-law was expired. Now my father-in-law is also not feeling well and his elder daughter (from his first wife) has captured everything including the will. We have no idea of what is written and the elder daughter is not revealing anything.

She is very intelligent enough and has registered many assets on her name as self acquired. Can we give in junction to any of the assets until it is settled equally, at least on the assets which were on my mother-in-laws name earlier.

My father-in-law mental condition was not good from few years i.e. Sometimes he behaves normal and sometimes not. We have file of the treatment.

Sravs (Querist) 05 June 2018
My father-in-law passed away few days back. As per the update from his first daughter there is a will however she is not revealing. Once the will is revealed, can we object the will as we are not sure of the content, it has been written when my father-in-law mental condition was not good.