Need Property related advice
2 years ago
Hi Sir
I want to know my husband & son right in family property. They are 2 brothers & one sister. All are married but divorce case of sister is in process since May 2019. My husband is younger one. My husband family has 2 commercial shops & 1 residential house. Both shops are registered in their mother's name & residential house is registered on my husband (34years) , his elder brother (42 year) & his mother equally. We were marred in 2014 & we have 1+ year old son. His brother has one son (16 years) & one daughter (13 years). We were living in joint house since marriage to Nov 2020. Due to their full control on everything even on my mother-in-law and lot of harrassment, we left the house & shifted to rented house in same city but we did'nt bring our any item from our room with us so that they could not take possession of our room. We didn't lock our room, they are using obviosly using it but my wardrobes are all locked. His elder brother is doing family business in one shop & his maternal cousin is doing the same business in another shop. We have no possession of shop & house. His brother has possession of both properties. We have told many times to his mother that give our share to us & she always reply that I will do it. But she never does anything & even talk to us regarding property. I want to know if mother-in-law do not divide the property then what legal rights we (Husband, son & me) have to get our share.
Your husband must file a partition suit in order to obtain his half of the property or the value of his share of the property. He ha the right over the property and through him, you (spouse) and your son (child) can claim a right on the property as well.
Thank you!