Hello, my husbands r two brothers. My husband is younger. His elder brother works for police so he lives out of town with his family. Doesn't take any responsibility of in laws. Everything is upon my husband. Mother in law mentally tortured me. So from the 2nd month of pregnancy i am staying with my parents, as my husband didn't want to keep me in that stressful situation. When i was 7 month pregnant my brother in law claimed that either we have to leave the house or have to give him money for his portion. My husband didn't said anything at that time. After few months he again claimed the same. Then my husband said that he don't want to stay there he want to leave with the money. His brother agreed to give him 15 lac only. Whereas my husband spent almost 17 lac in making the 1st floor of the house. Also there is a property in bihar worth 5 lac for which they don't want to give us a penny. Parents in laws are also in there side. The house belongs to Mother in law & the bihar property belongs to father in law. Now the situation is me & my husband are staying seperately for past 1.5 yrs. What to do? How to get our money back so that we can buy a home for us? Please help.
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Is there any legal action which can be taken by my husband?
1, Since the houses are owned by your parents in law your husband has no shre in it.
2.however since he invested money in it towards tis improvement he can file suit to recover the money
3.Since such suit is very time taking and acrimonious it is not advisable to file the same.
3.Hence I would advise to settle this amicably .if that is not possible then either forget these properties to start staying there to enjoy the portion built by your husband.
1) it is self acquired property of your in laws
2) during their lifetime you cannot claim any share in property
3) only if your MIL and FIL die intestate would your husband have any share in property
4)if your husband has spent Rs 17 lakhs on construction of first floor offer of Rs 15 lakhs is very low
5)go and start staying with your husband in the first floor constructed by him
your husband should refrain from filing any partition suit for division of house by metes and bounds
2) instead he should start staying in the first floor of house constructed by him
Can my parents in law give the full property to my brother in law?
Yes,they can.Ask your husband to build his own career than eyeing to the proeprty of his parents.
it is their proeprty and they can gift these to anyone they choose.
they can execute gift deed or bequeath property to your brother in law by will
Spending money on constructing a floor in the existing house should have been done only when it was confirmed that this share of property was given to him.
However your husband can refuse to leave the house till he gets back the money he spent on the construction of the property.
Legally neither your husband nor his brother can claim any share in the property as a right
Is there any legal action which can be taken by my husband?
He can file an injunction suit agaisnt his brother and his father seeking to restrain them from forcibly vacating him other than by due process of law.
Can my parents in law give the full property to my brother in law?
They can very well do that if the property is their own and absolute property.