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Husband's right over father in law's property
06-Sep-2023 (In Family Law)
My husband's family have not yet divided the property and now willing to do so.We have 6 commercial shops,5500 sft plot,200 sft vacant land behind the commercial shops.My husbands brother has registered a 30*50 plot in his name for which my father-in-law has paid the amount when he was minor and has built a house for which while taking the loan my husband has signed noc.Now he says that it is his property and no one has rights on it whereas he has no seperate income but taking care of my father-in law's provision business.we live in bangalore and my husband is having his own business here.
Are these properties ancestral or self acquired, to be ascertained?
If it is an ancestral property all in the family tree have a share based on Hindu Succession Act. The Act lays down a uniform and comprehensive system of succession.
If in this case your father in law has bequeathed a portion to one of his sons by way of gift or transferred by registration, we need to see the deeds executed, to ascertain whether it has fallen out of the purview of coparcenery.
If some/all are self acquired by your husband’s father, he has all the rights to distribute to his family members based on how he decides.
There is a rider:
The right to get your equivalent share of the property can be exercised only in cases where there has been no formal partition (partition either through court final decree or through a registered partition deed) before 20.12.2004. In case a partition has already been finalised before the said date, the right collapses.
Dr Gubbi S Subba Rao, Advocate, Bangalore
If it is an ancestral property all in the family tree have a share based on Hindu Succession Act. The Act lays down a uniform and comprehensive system of succession.
If in this case your father in law has bequeathed a portion to one of his sons by way of gift or transferred by registration, we need to see the deeds executed, to ascertain whether it has fallen out of the purview of coparcenery.
If some/all are self acquired by your husband’s father, he has all the rights to distribute to his family members based on how he decides.
There is a rider:
The right to get your equivalent share of the property can be exercised only in cases where there has been no formal partition (partition either through court final decree or through a registered partition deed) before 20.12.2004. In case a partition has already been finalised before the said date, the right collapses.
Dr Gubbi S Subba Rao, Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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Madam your husband can file a case for partition of the said properties of the joint family including the Business and other assets which are part of joint family property, the case can be filed in the place where at least one property is situated or where all the properties are situated, further if your brother is unable to attend the court etc he can appoint a power of attorney and the power or attorney can file the case a and proceed with the case. the court will grand your husband his legitimate share in all the said properties.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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