LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sandeep Butaney (NA)     08 September 2014

Ancestors property share refused to my wife from her parents

Dear Sir,

My wife has been struggling to get her share from her parents property.Just to give you a gist of what she has been facing: The family consists of 5 members which consists of Father,Mother,Brother, Elder Sister and my wife.Father and Elder sister have expired and Mother who was staying with the brother sold off the ancestors property ( it is a trust property of the church which  was sold to the builder)  the builder who paid her lumpsum amount and took the property for redevelopment, the NOC was not taken from my spouse.The property was sold in 2011. By the way this is our second marriage and both of us are divorced and have proper Divorce decree and she had taken custody of 2 daughters from her ex husband before getting married to me.She is a christian and I a Hindu and we have been married under the special Marriage Act and have  marriage registered certificate.I did not have any issues from my first and the case was settled in the family court under mutual consent.Now her mother has been denying any share to my wife at all and on intervention of other family members to settle the matter peacefully and amicably my name has been dragged in Bandra Police station that I am harrassing and threatening her.Also the money that came from the property sold in Mumbai,Bandra, Mother in Law purchased a new flat for herself including other properties in Mumbai and hyderabad which as per my knowledge she has given it on lease and enjoying the rent.Please help how can we go about settling the matter peacefully and if required for us to knock the doors of the court, what is the procedure we have to follow and the cost involved.Just for your information I am the only earning member of the family and economic conditions are not good.Sandeep Butaney



Learning

 2 Replies

Dr J C Vashista (Advocate)     09 September 2014

Engage a local lawyer and seek his/her advise.

T. Kalaiselvan, Advocate (Advocate)     13 September 2014

If you strongly believe that your wife has a legitimate share in the trust property, ask her to file a partition suit seeking partition of property and separate possession of her share, let the court decide. In my opinion, upon being served with the summon, your mother in law may come to a negotiation platform, consult a local lawyer and proceed further as per his advise.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register