• Share of property on behalf of my husband

I wanted to know can I file a case of property on behalf of my husband, because my hubby is a gutless guy to ask a share of his father's property. Even though he provides all the expenses of my mother-in-law apart from her husband's pension, expenses no matter how much bad our situation would be. She always takes expenses form my husband(he is elder son) for any kind of party, pooja or anyone's  marriage. She always tells that she will give property to her daughter and my brother-in-law. My sister-in-laws owns more than a crore of property, and we stay separated in a rented flat in Kolkata. She don't allow me to get into the house from the beginning of my married life and its been 81/2 yrs i got married. I hardly stayed at my in laws place for 5 months and after that we (my husband and me) gone to U.S for 3 yrs and after coming from their she trowed me out of her house in front of my husband. And my husband left me at my parents place for an year till he took a new job in kolkata and from then till now she never allowed me to get into her flat.
Asked 10 years ago in Property Law

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6 Answers

If your father in law is absolute owner of property, you cannot claim any share in the property. Your in-laws can bequeath property to whomsoever they desire. I presume it is your father in law self acquired property.

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Your FIL is live or not,if not has he left any will. Property is self acquired by your FIL or not.

Anil Gupta

Delhi

Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

Get a Power of Attorney from your husband and file a suit for partition.

Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations

4.5 on 5.0

if your father in law is no more on his death your mother in law , your husband and your sister in law would have 1/3rd share in property of your deceased father in law . i presume your father in law did not leave any will . your husband can file suit for partition of property .

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Since your father in law is no more, your husband as an equal share holder has a 1/3rd share in this property if your father-in-law did not leave behind a will. So he can file a case for culling out his share in the property, but he alone shall have to file it. You cannot file the case on his behalf.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I think still you won't be satisfied with law positions mentioned above as you are searching solution of your family problem.Plaease come out frankly what question is in your mind in ref. of law positions clarified to you above.

Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

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