• Aunt fleecing money from my husband

My husbands aunt named Jyothi (mothers sister) is staying in Karkala, Mangalore; in ancestral house. She is a widow with a daughter.  She earns her livelihood by selling milk.  This house belongs to my husbands grandmother, hence shared by the 4 daughters i.e. my mother in law and her 3 sisters.  As the house was very old, they decided to rebuild the same.  All the family members including other relatives, i.e. 2 sisters of the grandmother, were required to share for this house building expenses, as they pray to family deity in that house.

As this was not being finalised soon, Jyothi wanted to build a temperary house as she says that if the new house is being build where do I stay.  So, she asked my husband for Rs.2.20 lacs, which my husband gave her last year.  This year they have begun building the house.  After all the collections from all sources she has collected nearly 10.75 lacs.  Still she has collected Rs.6.00 lacs from my husband without my knowledge nor my mother in law.  Now when I ask for the money she says nothing has been spent on her house.  He has spent all the money on the compound and she is abusing me.  I am going made.  We are salaried people.  I have been trying to buy a house since last 6-7 years.  But since my husband is not in the habit of saving, we had to postpone it.  In all, my husband has given her nearly 8.5 lacs by cheque and nearly 70-80 thousand in cash.  My husband is not co-operating.  He says this house belongs to my grandmother and I am going to build that house.

I have spoken to the Contractor who has told that the total budget for the house is Rs.12.00 lacs.  She already has nearly 16.75 lacs and 1.00 is expected from one of the relative.  So, even after construction, she will be left with 5.75 lacs

Please tell me :
1. Do I have legal recourse to get back the money, if she still has it in her bank a/c. Can I send her a legal notice for the same.
2. As a wife, do I have a higher right on my husbands money.  Can he just give it away to anyone without informing me.
3. Whether I can bring a stay on the construction of the house.

I am a working woman with a 3 year old child.  I am in total distress.  Please help me.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1)since it is ancestral house and your husband has emotional attachment to the house he is contributing for reepair of the house . it is your husband money . you cannot ask his aunt to refund the money .

2) you cannot bring any stay on construction of house . 

3) your husband does not need your permission to gift portion of his income to his family members .
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
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pls do not get disturb by the situation,as its a family issue and cab be definetly solved by mutual discussion,i think you need to speak to your husband politely and make him understand the situation,forget about opting for any legal course of action
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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I fully agree with the opinion given by experts.
Shashidhar S. Sastry
Advocate, Bangalore
1283 Answers
66 Consultations
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Hi, if you want to do any legal action it can be done through your husband only.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
1. The amount has been advanced by your husband, Therefore, legal action, if at all it is to be brought, can be brought by only your husband.

2. You have no right on the money of your husband. He has an unfettered right to give it to any one he so desires.

3. You have no right in the property. Hence, you cannot seek a stay on the construction of house.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0

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