Legal Question in Real Estate Law in India
I am a Hindu Girl who got married to a hindu boy in Feb 07. I had a daughter in May 08. My husband had sent me forcibly to my parents house for my delivery and thereafter has refused to take me back. I and my daughter are staying with my parents in Delhi. He too lives in Delhi with his mother and elder brother. I tried vey hard to persuade him to work out things but he refuses. Left with no choice I filed a maintenance suit u/s 18 and 24 of HAMA and got my interime maintenance. The very next day after the maintenance order was passed he filed for custody and visitation rights. Prior to the order being passed he was never interested in the child. He has been allowed 2 visits a moth of 1 hour each in the court visitation room.
My husband's father had crores worth of property which was acquired with the joint efforts of the 2 sons also as they were all in the same business. Some properties were jointly held with my mother in law. My father in law expired intestate.I have filed a partition suit on behalf of my daughter claiming her share from her father's share i.e.1/3 of my husband's share.The HC has granted me an interim order restraing my husband and his family from alienating, or creating any third party interests in the property.
I wish to know 2 things
a.) Does my daughter have a legal right over this property since my husband's father died intestate?
b.) Is it possible for them to fabricate a will now?
2 Answers from Attorneys
in case you are able to prove to the court that the property held by grandfather of your daughter was joint and not self acquired, your daughter would certainly get a share in the property. as the court has already granted a stay against the property, you should also file the certified copy of the stay with the respective sub registrar in whose jurisdiction, the property is situate so that the property is not sold pending stay as in that situation, there would be multiplicity of litigation and you would also be forced to implead the buyer as a party and would be incurring unnecessary expenses.
in case you are able to prove to the court that the property held by grandfather of your daughter was joint and not self acquired, your daughter would certainly get a share in the property. as the court has already granted a stay against the property, you should also file the certified copy of the stay with the respective sub registrar in whose jurisdiction, the property is situate so that the property is not sold pending stay as in that situation, there would be multiplicity of litigation and you would also be forced to implead the buyer as a party and would be incurring unnecessary expenses.
in case you are able to prove to the court that the property held by grandfather of your daughter was joint and not self acquired, your daughter would certainly get a share in the property. as the court has already granted a stay against the property, you should also file the certified copy of the stay with the respective sub registrar in whose jurisdiction, the property is situate so that the property is not sold pending stay as in that situation, there would be multiplicity of litigation and you would also be forced to implead the buyer as a party and would be incurring unnecessary expenses.
your daughter has all the rights in the property provided the property is joint and not self acquired by her grand father. in case it is self acquired, your husband may fabricate a will and for that you need to be cautious. secondly, you need to file the copy of stay before the sub registrar in whose jurisdiction the properties are situate so that the properties are not sold despite there being a stay leading to multiplicity of litigation.
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Hello all, This is Babu from Bangalore, we belong to hindu family. I have a... Asked 11/19/09, 6:09 am in India Real Estate and Real Property
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