• Family settlement

Hi,

My husband family is a joint hindu family. My father in law has three son and one daughter. Among my husband is youngest to all. My father in law does have ancestral shop in which his second son has joined in business at his internediate studies as he failing in studies. Elder son was lecturer, later who became partner by investing in same college with amount acquired from my father in law. My husband being engineering gradute he was lived in long away from house with studies and job. Fatherinlaw constructed a house after which the elder son is married and after two years the secoind son got married. Each brother have 5 years diference in ages.When he got job,  my father in law constricted a 5 storey building for purpose of hostel for the college. For that my husband who got newly joined in job has taken perosnal loan and given the amount to his father for the hostel building construction. But the building was registered by his two brotehrs names only. Now while settling properties properties, my father inlaw not sharing the shop and is giving to second son saying the second son has worked hard for its current stage os it belong to him. And the house has to give to elder son, he is giving the house to elder son. And the hostel bulding which is in both elder son and second sons name they themselves taking. My father in law given soem cash to husband saying what you given for hostel building by taking loan is returned to my husband so he doesnt share any other property to my husband. The other two sons lived in the family for about 10 years after their marriage. all their expenditure is borned by father in law including montlhy expenses of all kinds, functions and grand children functions and birthdays. we never lived in that house as being my husband is doing job in city  but never had taken any amounts form his father. And not even one funciton is being done by our father in law for our children. My father in law also purchased two cars in names of other two sons whose EMI is again paid by my father in law. No money was paid by my husband brothers. They have enjoyed all luxuries convincing my husband saying we will give you the same amount of money for whatever we are enjoying at the time of settlement. Now when time to settlement came, they are not agreeing to pay such amounts which they have enjoyed. My husband was being calm saying that our share of expenditure will be settled by his father at the end. But now our father in law is refusing to share the properties: shop or house or hostel building or cars or even giving money for functions which are not done for us.. And they are not allowing to bring our relatives for settlement. How can we get share in my father in laws property. In return they are warning us that if we go to court they not even give a penny and my father in law is saying that he will say in court that he dont have third son at all. My mother in law has one open plot which her father in law has gifted to her. the second son is registering this property to his name. Is it valid without my husbands signature? how should we go ahead and get our share of property? Please advice.
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1. it is a common household problem while dividing the family properties.

2. Since your husband does not appear to receive his due share he cans eek the intervention of court, more so, when amicable settlement seems a far cry.

3. In the partition suit to be filed in the civil court your husband can ask for his equal share in the property wherein his contribution in making construction of the building will be taken into account.

4. meet a local lawyer with all the supporting proofs.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Hi, you have to file suit for partition of the property which was acquired by your father-in-law.

2. Your husband has 1/3rd share in the properties though the registration of the properties was made in different names but it was acquired through the joint family business and all the family members including your husband put toil and labour.

3. You have good case on merits you can contact good advocate and file a suit for partition and you will get your share.
 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) plot in mother in law name is her absolute property . she can bequeath it to whom soever she  so desires . if she executes gift deed in favour of second son he would be absolute owner of the property . only if MIL dies intestate ie without a will would your husband as son have share in the property .

2)as far as hosel building is concerned your husband has taken loan for the construction of building . hostel building is in name of other 2 sons . your FIL is returning money paid 

3) since hostel building is in 2 brothers name they would be absolute owner of the said building . your husband can argue that it was bought in their names for benfit of joint family and your husband has advanced money for said construction and hence claim share in hostel building 

4)what basis you say shop is ancestral ? please clarify . if it was your husband grand father shop it is not ancestral shop . your father  in law can give shop to second son if he so desires 

5) if house is standing in name of father he can gift it to elder son if he so desires 

6) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. There is a basic mistake in thinking that your father in law is duty bound to incur the expenses of his sons and also the functions conducted by them,

2. It is the prerogative of your father in law to bear all the expenses or refuse to do that. It is within the right of your father in law to gift/settle or covey the title his property top any body he wishes to  without anybody's consent or permission including that of your husband,

3. It is you r father in law who will dicide whether he will pay the EMIs for the cars bought by his sons or not wherein you can not object and claim any share of it,

4. The mother in law is within her right to gift her plot in favour of her second son for which she does not have to take your husband's signature anywhere,

5. Settle the matter amicably with your father otherwise he may refuse to give you anything from his property for which you can not agitate legally since the amount you have paid to him is being returned by him. Atmost you can claim interest on the said amount paid by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Your husband  will have right on the said property if they are or any of them are ancestral property,

2. The title of a property shall have to flow uninterupted for 4 generations without ant partition/settlement/gift or will i.e. from great grandfather to great grandsom, to call it an ancestral property,

3. If the said properties are not ancestral properties, your husband will not have any right on those properties,

4. However, your husband can claim proportionate share on the hostel claiming that he had part borne its construction expenses and file a partition suit which will be fittingly contested by your father and other brothers and in such case you can not take the refund of the said amount which your father is offereing you.  
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) once partition was made between father in law and his brothers property ceases to be ancestral . it would be self acquired property of your FIL he can gift it to his second son 

2) your husband never gave money to his father as loan . no interest rate was specified . no written agreement was executed . your FIL has returned Rs 20 lakhs . when hostel building was regd in 2 brother names your father should have objected and insisted on written agreement for repayment of Rs 15 lakhs with interest 

3) your in laws can decide where to stay . if your husband is looking after his parents looking after medical treatment fail to understand why no property is given to your husband 

4) legally you cant stop your in laws from transferring property in their other sons name . 

5) only precaution that be done is in gift deed to have specific clause that sons in whose name  property is transferred is done on condition that they will look after parents in old age 

6) if they fail to do so your in laws can move senior citizen tribunal for setting aside gift deed
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Since the shop was the partitioned share of the father of your father in law which your father in law  inherited, it will be treated as self acquired property and not his ancesreal property,

2. Your jusband had given his father a loan of Rs.15 :Lakhs for whatever reason. He can claim interest on it at least as per Bank rate. He can not claim refund of the loan amount with escalation at par with the market price of the property for whose construction the said loan amount provided by your husband was utilised by his father,

3. Your apprehension that they will not be looked after by tye other sons and you took care of them will not entitle you to claim share on the properties of your father in law,

4. Try to settle the matter amivably since you do not have any other option.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The best bet for your husband is to accept what is being offered to him as he has no legal right to seek any share in the movable or immovable properties of his father.

2. Your husband can seek a share in the ancestral properties, if any.

3. He cannot seek any share in the properties which are owned by his father or mother.

4. Your father-in-law is at liberty to divide his property in the manner he desires. His right to so divide his properties cannot be called in question.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. This shop is not ancestral as it came to your father on the partition between him and his siblings. As a corollary thereto, your husband is disqualified from claiming a share therein.

2. The amount returned to your husband is 20 lakhs i.e 5 lakhs more than what his father owed to him. He cannot demand the return of money should be commensurate with the market rate of the property.

3. Your husband has no legally enforceable right against his parents.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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