Family Property Matter
Querist :
Anonymous
(Querist) 01 September 2010
This query is : Resolved
Respected Sir,
Sir, my wife has a query related to her Family property, the same is under:
My in-laws have a one ownership Flat in Mulund Area of Mumbai. The said Flat was purchased out of the income of her Father in 1980. But, her Father, on good faith, has purchased the said Flat in the name of his Elder son(There is no joint Name). Her Father expierd in 1985. Mother, 2 Brothers and 2 other Sisters is living. After the Marriage, due to their internal Family Dispute, her Brother has seperated from the Family, keeping the said Flat in his own Name. Does any law permit my wife to have any right of his share in the said Flat on the ground that same was purchased out of her Father income at the time when her Elder Brother was a student and have no source of income. If she has any right, what the procedure is required to follow.
Awaiting for your reply.
Thanks.
M/s. Y-not legal services
(Expert) 01 September 2010
Of course.. You can prove that at the time of purchase the elder brother don't have any source of income mean, surely your wife can challenge her share in the above said property.. But time is very essential in law.. Your father in law expired in 1985 mean past 25 years what you were? Its ok.. You might be take necessary steps at the time of elder brother's separation. Nothing to worry.. Better you consult any one leading civil advocate. He or she may secure your rights on the flat. All the best.
s.subramanian
(Expert) 01 September 2010
I don't think you can do anything at present.
The matter is very badly time barred. Since he is in exclusive possession of the flat for the past 25 years,things will not be easy for you to prove your claim and succeed. If you are prepared for some kind of compromise,start the litigation and coerce him to some kind of settlement.
Uma parameswaran
(Expert) 01 September 2010
It is time barred.But with the help of other members you can try your luck.
