Property dispute

Guest (Querist) 20 July 2014 This query is : Resolved
I AM 33 YEAR OLD HOUSEWIFE IN MUMBAI.
MY BROTHER IN LAW HAS TRANSFERRED MY IN LAWS PROPERTY IN HIS NAME BY OBTAINING CONSENT FROM MY HUSBAND AND OTHER SISTERS. BEFORE OUR MARRIAGE IE IN THE YEAR 2002.
NOW MY HUSBAND IS NOT BOTHERED ABOUT HIS SHARE IN THE PROPERTY. HE DOESN'T WANT TO PROCEED LEGALLY IN THIS MATTER.
1)CAN I DEMAND SHARE ON MY HUSBANDS BEHALF OR ON MY DAUGHTERS BEHALF.
2)I DON'T HAVE ANY PROOF OR DOCUMENTS WITH ME IN REGARDS TO THE PROPERTY.
3)AM I LEGALLY LIABLE FOR ANY SHARE IN THE SHARE AS THE PROPERTY WAS TRANSFERRED BEFORE OUR MARRIAGE.
4)HOW SHOULD I PROCEED?

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Devajyoti Barman (Expert) 20 July 2014
Who was the owner and how he acquired the ownership of the property?

Wife has no share in the property of her husband. If your husband is not bothered about this, why are you after this property. Concentrate on your present.

Guest (Querist) 20 July 2014
THE PROPERTY WAS ON MY INLAWS NAME AND WAS PURCHASED BY THEM ONLY.
RIGHT NOW OUR FINANCIAL STATUS IS VERY BAD.PLEASE HELP IF THERE IS ANY WAY OUT, SO THAT WE CAN ACQUIRE OUR SHARE. MY BROTHER IN LAW IS NOT READY TO GIVE US ANYTHING.

ajay sethi (Expert) 20 July 2014
no you cannot acquire your share . property has been transferred by in laws to brother in law and your husband has not objected to such transfer . in any case your in laws could even without your husband consent transfer property by gift deed to whom so ever they desire

Rajendra K Goyal (Expert) 21 July 2014
1)CAN I DEMAND SHARE ON MY HUSBANDS BEHALF OR ON MY DAUGHTERS BEHALF.
Ans: No

2)I DON'T HAVE ANY PROOF OR DOCUMENTS WITH ME IN REGARDS TO THE PROPERTY.
Ans: Does not effect in any way.

3)AM I LEGALLY LIABLE FOR ANY SHARE IN THE SHARE AS THE PROPERTY WAS TRANSFERRED BEFORE OUR MARRIAGE.
Ans: No

4)HOW SHOULD I PROCEED?

Ans: No wqay.

Guest (Querist) 21 July 2014
Thank you very much for the suggestions. But one thing i forgot to mention that the property was transferred after the death of my in laws ie they have not transferred the property on my BILs name.
He must have done some malpractice and transferred the property on his name.
Still under this circumstances will it not be possible to file any litigation and put a stay on the sale of the said property?

Devajyoti Barman (Expert) 21 July 2014
Sorry, you have no case.

Raj Kumar Makkad (Expert) 21 July 2014
You have amply been advised hence nothing to add more.

T. Kalaiselvan, Advocate (Expert) 23 July 2014
You have been advised very properly by the experts that you have no case despite you giving information in a piece meal way. The fact is that since your husband, who had a legitimate right to a share in the property which was intestate upon your father in law's death, had already relinquished his rights by consenting to your brother in law's decision to transfer the same on his name,it will not be possible to regain the share given away even if your husband thinks of claiming it now by revoking his consent. So do not adopt the legal way, instead try some other family way by an effort through elders for allotting a share to your family who are reportedly suffering.

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