Legal Question in Real Estate Law in India

Mine was a love marriage, & have been married for 9 years now. I have a son who is 4 yrs. & I want to protect my son's & my intrest in my husbands property.
The property came to my father in law through a will from his father. my gandfather in law had bought the property himself. after which my father in law willed it to my husband. My father in law expired ( in 1992) before my marriage & made a will stating that his wife ( my mother in law ) has a life intreset in the property but she cannot, will it to another person/ sell it / gift it or allienate it. after her death the property is my husbands. But my father in law has not mentioned anything about his daughter who is elder child. When my father in law expired he the property was an old house with little value. Today we have constructed a new building in the place of the old one, by jointly taking a housing loan from a bank in the name of my mother in law, husband & myself. My sister in law now wants 1/3rd portion in the property, & has approached the court stating there is no will.
My husband has always been controlled by my mother in law & sister in law. I'm affraid that he will be controlled again to write off a portion of the said property in the name of my sister in law.
How should i safe gaurd my child & my intrest.
What can i do to prevent the sale of the property, incase my mother in law & sister in law manage to convince my husband.
Will the sale of the property or any partition of the said property be legal, as the property is not my husband's till my mother in law is alive nor can my mother in law sale/ gift/ will the same.
pls. help..

Asked on 10/17/11, 10:03 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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The outcome of a court will depends upon pleadings and evidence brought on record. Therefore, result of a litigation cannot be predicted.

Your husband needs to defend his rights in accordance with law. If you need any help in pursuing this litigation, the concerned party may write detailed e-mail giving all facts and attach copies of relevant documents including the suit filed by other party.

Answered on 10/19/11, 6:17 am

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