Sir,
my husband has a ancestral property in which we are staying now presently. The property was his forefathers (Grandpas Dads property) and his Grandpas Dad has died and he has two wifes, when the first wife expired he married the other. The first wife has one son and the second wife has two sons. The property was divided by these three sons into three shares instead of two wives two shares. The first son of the second wife told other brothers that our father has made an oral will and by this will we will share our property, which the oral will was totally on his side as my husbands grandfather was illiterate and the other brother took some money from the second and cooperated with him. As per the Hindu law, the elder brother should get the posession on the front side or any side, which he wants and also is the son of first wife so he has total rights to chose his share on the property, but they cheated him with the oral will and occupied the Good portion of the property to the road side and totally packed the others in the back. And now, he is also saying that the three out of two rooms belongs to him as the three rooms were shared among three brothers and the last brother sold the house to him so now he says that two rooms in first floor belongs to him. Now, they filed an injunction order in court, which was pending and we too are planning to file a petition suit against him.
My questions are :
1. Can anyone make a registration on an ORAL WILL.
2. While constructing his house my father in law signed that he has no objection in building the balcony and now my father in law is expired so can we object now with that permissinos as they were causing a lot of agony to us as they were interferring in our personal things and there is no privacy for us.
3. He built the house on his share, in this partition suit if court decides to give me lawful share according to Hindu Property Act, will that include the dismantle of his building or destroy of his building so they can make a equal shares individually without theirs inteference in any other future.
4. If we dismantle our house does he still holds the position in the first floor two rooms as he holds a registration on an oral will only. And if we want to make a building in the same position will he interfere saying that he will build the two rooms as they were previous or he cannot make those claims.
5. After filing the partition suit, can we ask the Honble court to make the proceedings soon as the house is old one so we could lawful justice before anything happens. Can we make such requests if yes how could we.
6. How can i get more lawful justice in this case as we know that we are innocent and we just need what we will get so can we request honble court to provide some type of investigation with the concerned commissioners of the court or who ever it is.
This is all i need from you as a help. I didnt find anyone who can explain it to me as no one is aware about these so please help me as soon as possible..
Thank you.
