My name is Ramya, my husband name is Aravinda Reddy, his father name is Raghava Reddy. At time of marriage talks elders of both sides said that Raghava Reddy having 30 Acers of land in which 4 Acers sold before long back, in remaing 26 Acers 4 Acers given to Raghava Reddy's younger Daughter as dowry in 2005 , elder daughter got 7 lachs of money as dowry in the years of 2000. RAGHAVA Reddy have two sons elder is Ranga Reddy who is a mentally handicapped, and won't go for marriage. Younger son is my husband and remaining land of 22 Acers is there. They said that no pending to give any money or land to anyone. It means 22 Acer of land is for Aravinda Reddy my husband. so I got married with Aravinda Reddy in 2010. Now, all the three persons, my husband's brother and two sisters are fighting with my husband for their share in 22 Acers. wha is my and my husband's chance of getting 22 Acers. I know that i am responsible for my husband's brother who is mentally handicapped and my mother in-law and father in- law. That 22 Acers was partitioned in 2014 as my husband got 8 Acers, his brother got 4 Acers, his father got 2 Acers and his mother got 8 Acers. But my husband is in possession since my marriage 2010 to till date. My mother in-law telling that her 8 Acers will give to her daughters and my father in-law says that his 2 Acers will give to younger daughter and my husband brother tells that he will give his4 Acers to younger sister, all these are costly land good, mu husband land is worth less land. they all are chested me and my husband. 1) What are the chance of getting 22 Acers at least 18 Acers 2) what are the my husband chance of adverse possession 3) what are the chance for getting 22 Acers if I file cheating case on them of 5 members, because both sisters said in 2010 that "we don't fight for land,we are not like that persons".now they are cheating us. They filed police case on my husband that to vacat or to remove from their land. 4) what should we do if they go for injection order to vacat us from their land (mother in-law, father in- law and brother in-law) land. Because the land is in their name. (5) what precautions are there to vacat injection order before they file for injection order. because my husband is in possession. tell us any other ways through law Remember that they are not come for discussions, they are not compromising ???please help us. I pray God for all of you your profession go high, the very high. thank you all?? (6) they said 22 Acers is ther. that's why I got marriage other wise I don't marry or if they said only 1 Acers is there, then I may or may not go for marriage I married on the base of 22 Acers land. Of course, law does not permit but Truly, every marriage is on this how much assets, income, job etc, then character, family history are secondary... I want to challenge on this ground, what chances are there to win. tell me all possible ways which law permits. thank
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1) husband would not get 22 acres of land
2) he cannot claim adverse possession against family members as possession of one is regarded as possession of all
3) no case of cheating is made out . They have not executed any written document relinquishing their share in property
4) amicable settlement is best option
5) chances of success in litigation are bleak
All remaining 22 acres are ancestral property. Partition in 2014 is not valid as sisters are not given share. After 2005 daughters are also entitled for equal share in property with sons. If vadne go to Court all including husband will get equal share in 22 acres, each will get 4.4 acres.
1. Since it is not an ancestral proeprty but your father's in law's self acquired proeprty, your husband cannot claim more than what he has been allotted as a right, hence he has to be contended with whatever landed property he was given with. No legal case would be maintainable in this situation.
2. There is no question of adverse possession because the said properties were divided to different persons properly by the family partition, hence there is no question of adverse possession for the family property.
3. There is no act of cheating involved in this. Nobody has cheated your husband, they may say plenty of things at the time of marriage, whereas in the absence of anything in writing and enforceable in law, no claim can be made on the basis of oral talks.
Therefore it cannot be considered as an act of cheating.
Legally speaking your husband has grabbed their share of proeprty hence he can be considered as an unauthorised occupier or trespasser in that property, therefore he is liable to vacate or he can be evicted
4. Unfortunately the court may not entertain injunction application because your husband has no rights or interest in the property he has occupied illegally.
5. Read the above answer.
6. You admit that you married for the property sake only and not fore the individual sake.
This particular statement itself is an unlawful act, i.e., to exert or to extort land/money from them on the name of marriage itself is an offence.
Even if there was 22 acres of land on your husband's name, you cannot claim even a handful of mud in it as a right because you do not have any rights or interests in it, therefore your claim can be considered as an illegal claim.
You cannot claim anything through court or by adopting legal means becasue no claim is maintainable neither your proposed case would be tenable in law.
You need to file cheating complaint and civil suit in the said case
