My husbands property

Nagalakshmi (Querist) 29 November 2013 This query is : Resolved
Hi
My Husband died in a road accident recently on 19.08.2013 while he was driving .I have a 10 months baby girl and we are married three years back on 12.11.2010.He has a younger brother and an elder sister . His father who died on 24.10.2009 has twin house in his name while he was alive he said by mouth each of his sons to take a house .My husband got loan and renovated the house and have taken a first floor which is left for rent while still the property was on his fathers name .He repaid the loan completly (before our marriage).Now the will is still in my father in laws name. My mother in law is alive and she is getting the rent .they didn't want to give my husband share and cheating on me .how should i go about now ?.

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Devajyoti Barman (Expert) 29 November 2013
Since property is in his father's name, it is very difficult to get your share of rent. You can file suit for partition but the result is not coming soon.

Nagalakshmi (Querist) 29 November 2013
THANK YOU

Devajyoti Barman (Expert) 29 November 2013
welcome...

Nagalakshmi (Querist) 29 November 2013
Is there any way I can Stop them from getting the rent and the rent to be paid in court until the dispute is settled ?

prabhakar singh (Expert) 29 November 2013
On death of your father in law the two houses devolved upon equally to your husband
,his mother,brother and sister that is 1/4 upon each in both houses because your father in law died intestate.

Now as your husband is dead the 1/4 share of your husband in two houses have devolved equally on you and your baby.

You should file a suit of partition clubbed with share of rent making tenant also a party and can seek direction of court to the tenant that during suit or till his tenancy he pays your share of rent as you do not have means to maintain yourself or your minor baby,hopefully your prayer would be allowed.

Nagalakshmi (Querist) 29 November 2013
thank you ji

prabhakar singh (Expert) 29 November 2013
You need not mention Mam!

Guest (Expert) 29 November 2013
First Try to sort it out amickably with your mother in law and other in laws. Once you make tenants as party in the case there are chances the tenant could take advantage of your disputes among family.Even though there may be some delay in sorting out disputes your Rights could never be denied.

prabhakar singh (Expert) 29 November 2013
Otherwise also partition suit is a long story in courts to be heard.You told me your in-laws are deaf hence was so my advise.
If you can sort out with them amicably i would be first man to prompt you to do so.I answered after chewing and digesting every word of your query.

Guest (Expert) 29 November 2013
Any Court Case doesn"t get finished in one day.If going for Court is the final resort go for partition and then take possession.Later you could decide whether to rent or dispose what ever it may be.

malipeddi jaggarao (Expert) 30 November 2013
Go by the advice of expert Mr.Prabhakar singh. Probably your mother-in-law and other members of the family are not aware of the legal position. Explain them clearly that you and your baby has right on 1/4th share as explained by Mr.Prabhakar Singh. Also tell them to share the rent and give the property proportionately otherwise you may prefer to go to court of law which is not beneficial to anybody as it would take much time because it is a civil dispute and in the meanwhile the tenant may also take advantage. If they do not listen, you have no option except seeking legal remedy.

Guest (Expert) 30 November 2013
If they could simply convince you by saying they would share the rent by paying you and if you get satisfied remember your problem is not over.You should get the property partitioned legally and get the partitioned documents in your name,should also vacate the existing tenant and take the possession first.transfer all taxes,electricity bill etc in your name and later decide whether to rent or to stay there or dispose.The dispute should not bring the existing tenant in to picture and give him more importance which would also give him a hold in the property Do not get satisfied with temperaory reliefs like share in the rent etc.

Rajendra K Goyal (Expert) 30 November 2013
Agree with the advise of expert prabhakar singh ji.

T. Kalaiselvan, Advocate (Expert) 30 November 2013
I am very happy to see that the experts here take more strain to give proper advises to the needy people of the society, congrats to all of them. In this case Mr. Singh has given a very good piece of advise to the desperate widow. Mr. Singh my wishes for your continued good service.

malipeddi jaggarao (Expert) 01 December 2013
Say thanks to expert Mr.Prabhakar Singh.

My husbands property

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