Dispute Betn Brothers
padmavathi
(Querist) 30 July 2008
This query is : Resolved
Dear Legal Experts
my husband have two sites registered in his name by his mother 8 yeras back and also the original land owner and his sons and daugheter have agreed to this and have made a confirmation deed in the registers office six months Back.And also another site bought directly from a third party. After my marriage with him his mother and we had some differences due to this his mother along with my husbands elder brother(who has married a christian girl and also changed his name and his children name also ends with cristian sir name) are asking a share from my husbands properties registered in his name according to hindu law, and have issued a notice from civil court from not to alienate the above said properties stating that the above mentioned properties are his father's and we have not made equal shares between them. my husband, my Mother in law and My father in law have been made defendents and himself the plaintiff. My father in law is not residing with us from the past 10 years. he has anotherwife and living seperatly. my mother in law is in my husbands brothers side. The properties which are registered or bought form my mother in law are her self aquired properties.my father in law has nothing to do with that. please help me in this case
R.S.Rajesh
(Expert) 30 July 2008
From the querry, we understand that the two sites were purchased from your mother in law, are registered in the name of your husband and his elder brother has filed a suit claiming for a share in the said properties through the court.You mother in law is also alive and she is a party defendant in the suit.Since it is admitted that the properties were self acquired propertie of your mother in law and it is not acquired by your husabnd , the court may pass an appropate decree, having regard to the facts and evidences adduced by the parties. However, it cannot be a subject matter of partition as long as your mother in law is alive and no body can clim any share over the same.Therefore, you may consult/avail the services of a counsel to represent your husband case and to defend him accordingly.
Srinivas.B.S.S.T
(Expert) 31 July 2008
I agree with Rajesh's opinion. To be frank your query is not disclosing fuller details.
arunprakaash.m.
(Expert) 31 July 2008
When the properties mentioned in your case purchases soley on your husbands name, then even your mother in law cannot claim the same. It is in the possession of your husband. Your brother in law is merely threatening you.
