Legal Question in Family Law in India
our right in the ancestral property
my husbands grandmotherowned a mig(middle income group) flat in delhi. She had three sons, Ajit, Sudhir and Anand. All three are dead. Anands wife who had two children from Anand remarried after her husbands death. However she returned back to her husbands house by creating sympathy that the 2nd husband illtreated the children. The in laws allowed her to stay as they sympathised that where could she go with the 2 children. Her 2 children are grown up now. Ajits son that is my husband and me stay in pune. Till the time my husbands grandparents were alive we used to regularly visit delhi. After their death my husbands chachi that is anands wife does not allow us to enter the house she has also disposed our belongings from that house. We doubt that she is not legally diverced from her 2nd husband. Her brothers and rest of her family members are staying in that house in delhi. How do we go about to get our rights in that house. Kindly advice
3 Answers from Attorneys
Re: our right in the ancestral property
Dear Madam:
Your husband can seek partition of the property being a cosharer/coowner with legal heirs of Mr. Sudhir and Mr. Anand. It really does not matter whether Mrs. Anand (your husbands's chachi) is remarried or not, divorced her husband or not, her brothers and family are living in the house or not. If your husband want and has proof of their belongings in the house, he may add for recovery of the price of such belongings. This opinion is under assumption that your husband's grandmother died without leaving any WILL. If the property cannot be divided by metes and bound then one can pray for partition by selling and distribution of the proceeds.
regards
bhushan arya
Re: our right in the ancestral property
Contact a lawyer and go for a partition suit.
Re: our right in the ancestral property
Dear madam,
you and your children are entitled to have share in the property and you can file a suit for partition of the said property and further you can also file suit for declaration in respect of said property to get your self declared as co-owner of said property.Anand's wife is not entitled to have share in the property after second marriage but her children have right to share in said property but if after marriage Anand's wife's second husband has adopted her children then their right ceased to exist after adoption.
for any other query/assistance cal on my mobil 9873343288.
thanks.
siddharth
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