How to obtaining share from father's property

My husband's family include 5 daughters,2 sons of which one daughter died in 2007. Husband's father passed away in 2014. My father in law(FIL) lived in a joint family of 4 brothers and 2sisters and the property is still not shared among these brothers. Of this property some came through their father and some was acquired by the joint family brothers. All properties are still in the name of my FIL and his elder brother. But the brothers have continued to sell the lands based on the agreement made through talks. Also my husband's elder brother and sisters have also started to sell the properties without my husbands consent just by taking sign of all the others (i.e FIL's brothers and their all family members). This sale doesn't include my husband's sign. Now we would want our share of our property but both FIL's brothers and my husband's brother and sisters are telling on each other that nothing is divided yet so can't give your share. I request to kindly advice on how to obtain our s

Answers (1)

350 votes

Your husband has his right over ancestral property and the property purchased during he was staying in joint family. So here you have to identify your share in the property, means the property purchased by the members of joint family and in that your husband's contribution and whether your husband name consists in the documents of the property purchased by the joint family members, in that case your husband can claim his share in the property. In ancestral property your husband right cannot be denied and they can't sell it without his signature. Contact any advocate and file a suit for partition immediately before it becomes too late.

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