Since the property is registered on your mother in law name, it becomes her own and absolute property.

If at all any claim to be made about the ownership only your father in law should have taken steps to get the property declared on his name by filing a suit for declaration to declare title on his name on the basis of the funds he spent to purchase the property.

Now he is not living hence your mother in law title remains undisputed.

Therefore you cannot claim any share out of your mother in law property for any reason at least not during her lifetime.

The subsequent question is the repetition of the previous one.

But the answer is same that you are not entitled to any share in the property as a right even if the other siblings of your late husband are exparte.

It is your mother in law own and absolute property hence you cannot claim any rights in it at least not during her lifetime.

1) If your father-in-law bought it with his money and put it in his wife's name she is the owner  you will hace to price that father in law bought in wife nane fir benefit of joint family 

2) if your father-in-law inherited the money/property from his ancestors and then bought this house, your husband (and you) might have a coparcenary right.

3)file suit for partition for division of propery 

You will get share in property 

If the property, as per the title deeds, is in your mother in law's name, regardless of who paid for it, you cannot seek partition till she is alive. She has the right to bequeath it to anyone she likes. 

Your entitlement depends on who is the legal owner of the property, not on who paid the money.

If the property is registered in the name of your mother-in-law, then in law she is treated as the absolute owner, even if it was purchased from your father-in-law’s income. After the Benami Transactions (Prohibition) Act, 1988, you generally cannot claim that the property belongs to someone else merely because they paid for it.

Therefore, if the property is in your mother-in-law’s name:

• It is her self-acquired property
• Your deceased husband had no automatic share during her lifetime
• You cannot seek partition in that property while she is alive

A partition suit in such circumstances is likely to fail.

However, after your mother-in-law’s lifetime, if she dies without a Will, then the property will devolve under the Hindu Succession Act, 1956 to her legal heirs.

At that stage:

• Your husband’s share will pass to his legal heirs (which includes you and your children, if any)
• You can then claim through your husband’s share

Regarding your question about ex-parte proceedings:

Even if other parties do not appear and are set ex-parte, the court will still examine whether you have a legal right. If there is no legal entitlement, merely proceeding ex-parte will not guarantee a decree in your favour.

In summary:

• No right to partition during mother-in-law’s lifetime if property is in her name
• No claim based only on father-in-law’s income
• Right arises only after her death (if no Will)
• Ex-parte proceedings do not create rights where none exist

You need to file a suit showing that the said property is from the source income of father in law

- If the property is in the name of mother-in-law , then during ;her life time none having any right to claim any share. 

- Since, the said property is in the name of mother-in-law , then even after the death of your husband , you have no right during the life time of mother-in-law. 

- The property was purchased in the name of mother-in-law with the fund of father-in-law , then after his death you will have to prove the same before the Court. 

Your situation is quite typical of matrimonial appeals where, after initial activity, the matter gets stuck in a cycle of adjournments. However, there are clear procedural steps available to you to push the case forward.

I will give you practical, court-oriented guidance.

1. First, understand the current legal position

Since both parties have filed cross appeals:

• The matter is now entirely within the control of the High Court.
• The Family Court decree is under challenge, but it is partially secured by the ₹17 lakh deposit.
• The case is not moving mainly because it is being shown as “adjourned at the request of both sides”, which weakens urgency.

This is important:
If the record shows adjournments from “both sides”, the court assumes neither party is pressing for final hearing.

1. Immediate step: stop “consent adjournments”

From your next date onwards:

• Instruct your lawyer not to seek or consent to adjournments.
• Make it clear that you are ready for final hearing.

This single change often shifts the court’s approach significantly.

1. File an application for early hearing / final disposal

You should move a formal application for early hearing in the pending appeals.

In that application, highlight:

• Appeal pending since 2020 (long pendency)
• Monetary decree already passed by Family Court
• Partial deposit already made (₹17 lakh)
• Settlement attempts have failed
• Continued delay is causing financial prejudice

Courts generally respond positively when:

• the matter is old, and
• pleadings are complete

1. Check whether pleadings are complete

Ensure the following are on record:

• Appeal memo
• Reply / counter affidavit
• Rejoinder (if any)
• All documents and annexures

If anything is pending, the court will not take up final hearing.

Your lawyer should specifically state:

“Pleadings are complete. Matter may be listed for final disposal.”

1. Seek “final hearing” or “part-heard” status

Two practical options:

• Request listing for final hearing on a fixed date, or
• Request that the matter be taken up as part-heard

Once a matter becomes part-heard:

• It is less likely to be adjourned repeatedly
• The same bench continues hearing it

1. If delay continues: mention the matter

In High Courts, an effective step is “mentioning” before the bench.

Your lawyer can:

• Mention the matter before the concerned court
• Request urgent listing citing long pendency and financial hardship

This is often faster than waiting through normal listing.

1. Regarding the deposited ₹17 lakh

You can also consider:

• Filing an application for further interim release (beyond ₹1.5 lakh already released)

Grounds:

• Decree in your favour
• Security already deposited
• Delay in final adjudication

Courts sometimes release additional amounts subject to safeguards.

1. If the other side is delaying deliberately

You may take a slightly stronger stand:

• Oppose adjournments on record
• Seek costs for unnecessary adjournments
• Request the court to proceed even if the other side is not ready

Courts take note when one party consistently shows readiness.

1. Long-term remedy: writ for expeditious disposal (rare but available)

If despite all steps the matter remains stagnant:

• A petition under Article 226/227 can be filed seeking direction for time-bound disposal of the appeal

This is not the first step, but a pressure mechanism if delay becomes excessive.

1. Practical strategy for you

From your side, the most effective combination is:

• Stop consenting to adjournments
• File early hearing application
• Ensure pleadings are complete
• Push for final hearing through mentioning
• Seek interim release of more funds

Conclusion

Your case is not stuck due to any legal complexity—it is stuck due to procedural inertia and mutual adjournments. Once you actively press for hearing and put it on record that you are ready, High Courts usually begin to move such matters.

Dear client

The property ownership is at the centre of this dilemma.

You can only prove the property belonged to your father-in-law if the property is still legally in your mother-in-law’s name; although purchased with your father-in-law's money, a Benami Transfer transaction (which means that it is an illegal transfer since it is not in your father-in-law's name) cannot be proven easily because it is illegal under the Benami Transactions (Prohibition) Act.

Since your father-in-law died without a will, the property cannot be part of your father's estate; therefore, it will remain the ownership of your mother-in-law, meaning you will not have an interest in this property as long as it is in her name.

If you file for a partition and both your mother-in-law and siblings do not defend the partition, the court will not grant you any relief by default, but you will have to prove you are the legal owner of the property; unfortunately, you will have no strong basis to prove that you are the legal owner of the property.

No you cannot claim your Mother In-law's property from her till she is alive.

Mother In-law is the sole owner of the property irrespective of the fact that your father In-Law purchased the property 

On the facts stated, you cannot get partition now merely because the property was bought from your father-in-law’s income. If the property stands in your mother-in-law’s sole name, the law generally treats property held by a wife in her own name as her property, and a female Hindu holds such property as her absolute owner.

So, during your mother-in-law’s lifetime, your late husband had no automatic share in that property, and you as daughter-in-law cannot claim partition on that basis. Even if your mother-in-law and siblings remain ex parte, the court will still give you relief only if you first prove a legal share. Also, if your mother-in-law later dies without a will, her property goes first to her sons/daughters and the children of any predeceased son/daughter—not automatically to the daughter-in-law personally.

Please first get the title documents checked to see whether any actual share had vested in your husband from your father-in-law’s estate; only then can you claim through your husband.

Your Likelihood of Success in a Partition Suit

Your claim depends on proving the property, though in your mother-in-law's name, was purchased with your father-in-law's income, making it a benami transaction where he was the de jure owner . Since your father-in-law died intestate, his self-acquired property devolves to Class I heirs under Section 8 of the Hindu Succession Act: his widow (your mother-in-law), sons, and daughters . Your deceased husband would have been a Class I heir. As his widow, you inherit his share. If your mother-in-law and siblings become ex-parte (fail to appear), the court may proceed and potentially grant you your husband's rightful share, provided you properly establish the benami nature of the property and your husband's status as a legal heir .