Legal Question in Real Estate Law in India

Hello Sir,

Iam a 23 year old newly married Muslim women from Kerala.

My father is a business man of the age 56 and mom is housewife of the age 46. I have an elder brother of age 28, who is working in private sector.

My father owns two properties.

1. First one he bought 6 years back out of his personal earnings. That property is pledged under a bank, and which is advertised by bank for auction for non-payment of loan. The liability on that property is Rs. 1.5 Crore and the market value of that property is not less than Rs. 3 Crore

2. The second property he bought 22 years back from his father, which does not have any liability and it is worth Rs. 2 Crore at present.

My mother owns a property which she received from her parents during the time of her marriage which is worth Rs. 50 Lakhs now.

During my marriage my parents denied giving me my share of wealth in their property. My marriage was an arranged one and my spouse and his family haven�t demanded anything so far. My father is a person who is leading a lavish life from years not considering family needs and morals. He is having extra marital affairs and money lending businesses by which he spoils his wealth not considering our future and as a result we have been suffering for years. Now he says that he is not going to give any of his property to me or my family. His attitude is not to give us anything so that he can enjoy his own wealth through out life.My mom and brother are incapable by situations since many years to question his cruelties. No one in our family has an utmost power to ask him anything regarding this issue and he responds back to them by using all kinds of abusive words. My in laws have been cheated by my father as he had promised (by words) to do a lot of financial support for his one and only daughter. Moreover he is threatening me and my in laws too that he will file a suit against them for demanding his wealth which is not real. Can he do that?

Taking all these in to consideration I would like to legally claim my right on these properties. Sir, kindly gives me advice on

1. Am I having any specific right on these properties?

2. What is the procedure for claiming the right?

3. How much time will it take to reach on a final judgment?

Thank You very much for your valuable advices.

1 Answer from Attorneys

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