Legal Question in Wills and Trusts in India
My father in law expired in August 1980 and my marriage to my wife was in June 1983. At the time of marriage we were told that all the property would be shared amongst son, and two daughters of my father in law. Mother in law is still there. But during 2003, my wife's brother sold one plot with my wife's sister's signature alone without even informing my wife. Now, both mother in law and wife's brother are not showing any inclination to divide the property despite my wife's young sister is in dire straits (financial problems due to husband's paralysis and no job). The khata of a plot is in 4 names including my wife. Relatives say that entire property is written equally for all the four, but we are not able to reach the records. The intention is to delay the process as much possible. What can my wife do to get her share which was her late father's desire before he departed. The place is Hubli in Karnataka.
2 Answers from Attorneys
You have to file criminal as well as civil case against the offender. To know complete advice, contact:
file a suit for partition to get the rightful share and also seek a injunction from the court against the sale of the property till the suit for partition is decided. Yo can also serve them with a legal notice and if they agree a family partition can also be done.
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