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endeavor (manager)     21 June 2013

Property

Respected Lawyers,

I am from West Bengal. I got married 29 years back. As it was a love marriage, my husband of 21 years at that time , was thrown out of his house by his parents. He was merely a child at that time, without much qualification, hence , could not secure a good job for a long period of time. Several times, he tried to establish relationship with his parents but they had always thrown him out of their house telling, he will never get a penny from their property. He never demanded any property but just for food he sought their help and they refused. He has a sister who took the advantage and started residing in his parental house (with her parents) along with her son for past 19 years now.

His father never worked and the entire property was made by his grandfather. His father has sold various propeties and invested those money in shares. His mother has substantial gold. One house is in his father's name but bought by hs grandfather. All the shares in his father's or mother's name. Parental house had 4 shares with his 3 aunts but his father bought out 2 of the shares from his sisters except one which share is still there.

My question is as we come under dayabhaga law, is it possible that we get any share in the property after his parent's death? Or his father has the right to will the entire property in whosoever's name he feel like? Is there anyway we can claim any property after his parent's death. His sister cheated us and we suffered all these 29 years of financial problems, where as they are quite well off.

Please someone who knows Dayabhaga law, help me and throw some light on this. I will be highly obliged. 

 



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     21 June 2013

all legal heirs have right over a property which is an ancestral property.  so your husband may claim for his share in the property as it is an ancestral as per your querry.  consult a lawyer of your area and file for your husband's share.

Paras Awasthi (Businessman)     25 June 2013

@endeavour

 

Your husband for aske for share in the ancestral property only. The property that was bought in the name of the father by the grandfather belongs to the father only. But your husband can ask for a share in the proceeds from the selling of the ancestral property by the father. For that you need to have all the relevant documents. Also you should look to consulting a lawyer who knows the local laws.

 

For getting exact detailed responses to your queries, you should visit www.lawkonect.comAt lawkonect.com, you can get answers to your questions on all Indian Inheritance and Property laws. The practising lawyers assess your situation and give you a list of paths that you may follow to achieve your aim. 

 

Regards

Paras Awasthi (Businessman)     25 June 2013

@endeavour

 

Your husband for aske for share in the ancestral property only. The property that was bought in the name of the father by the grandfather belongs to the father only. But your husband can ask for a share in the proceeds from the selling of the ancestral property by the father. For that you need to have all the relevant documents. Also you should look to consulting a lawyer who knows the local laws.

 

For getting exact detailed responses to your queries, you should visit www.lawkonect.comAt lawkonect.com, you can get answers to your questions on all Indian Inheritance and Property laws. The practising lawyers assess your situation and give you a list of paths that you may follow to achieve your aim. 

 

Regards


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