Right to inherited property of father

Querist : Anonymous (Querist) 08 January 2010 This query is : Resolved
My husband's grandfather dies leaving a will that his ancestral house will be divided among his 5 children such that the ground floor goes to one son, the 1st floor is shared by all 3 daughters and the 2nd floor goes to other son who is my husband's father. All of them have now got their floors mutated in their own names.

My father-in-law has only 2 children, I wish to know if my father-in-law can sell off his inherited 2nd floor and do whatever he wants with the money which could even mean that he gives all of that money to my husband's brother and my husband does not get a single penny out of it? Does my husband have a share in the inherited property of his father? How can he claim it? How can he prevent his father from selling off that property and/or giving the full money to his brother? What are the steps that we need to take for this and how long and easy or difficult is it?

As you would have guessed, we are not on speaking terms with my in-laws for the last few years. My husband's brother is very keen on getting my father-in-law's share sold off and he getting all of the money without my husband even getting an idea about what is going on. We cannot get a copy of the will (nobody will show us) nor will my in-laws inform my husband what they are going to do with that property. We need to act fast if at all we have any legal right on that property.We are hindus.

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B K Raghavendra Rao (Expert) 09 January 2010

Your husband has a share in the inherited property of your father-in-law. To claim his share, your husband has to first issue a legal notice and if your father-in-law does not part with the due share of your husband in response to the legal notice, then he may file a partition suit. In the suit, he may obtain ad-interim injunction restraining your father-in-law not to sell the property till the suit is disposed off.

adv. rajeev ( rajoo ) (Expert) 09 January 2010
definately your husband has got share in the property of your father in law. Directly file a suit for partition and by filing an application in the suit your husband can obtain an ad interrium injunction order as not to alienate the suit properties till the disposal of the suit.
Evem if Temporary injunction is not granted by the court to avoid the sale by your father in law give a public notice in the news paper ( for this you contact your advocate).