I want to know whether my daughter has a claim in the said house as it is a ancestral house and i am of the view that my husband and father in law are trying to dispose off the property in order to escape giving my child's share in it. Can I file a case staking my child's claim and obtain a stay order restraining my in-laws in disposing off the property.
First of all ascertain that the property in question is ancestral in nature. You sy that your husband has sold his share of property to his father. How did your husband acquire that property and whether this was his share of property out of his father's share in his ancestral property. Just because the property belonged to the grandfather of your husband, it cannot be considered as ancestral property. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property.
Therefore confirm how this becomes ancestral property and whether your daughter has really a right in the said property , even if she has, it can be out of her father's share only and not in commonly held properties.
Instead you file a suit for creating a charge on the properties held by your husband's father stating that he has a share in it and this charge is meant for the maintenance amount he has been ordered to pay by a competent court of law towards maintenance amount to you as well as to your minor daughter. that way you can obtain an injunction too seeking direction to restrain your father in law and your husband from alienating the property.