partition of ancistorandself acquired property

Querist : Anonymous (Querist) 14 December 2010 This query is : Resolved
Sir,
I am working in a State govt department since from 1987. I got married in 91 and my husband is also a govt officer. He has come from a joint family He is having one younger brother two younger sister and parents. All his brothers and sisters are married and living independentlt. We are also living separately and we are not getting any income from ancistor property. During 1993 my husband has purchased some land and has registered in his name. It is situated in his native place nad has built a house in the year 2000. Both his parents and his younger brother are staying in that house. As and when we visit my husbands village we use to reside in that house. It was constructed for the bonafide use for ourself. Consequent to the marriage of my brotherinlaw in 2006 sice there was not much understanding between his wife and our mother in law we decided to take partion and asked our brother in law to vacate from house but he refused for the same due to the reason that we are having our own house at our working place and we staying in that house presently. HENCE MY HUSBAND HAS Filed suite one for declaration of the self acquired property and his share in the ancistor property in 2007. Sine from that date my brother in law has become against to us and he is fighting fir the share in self acquired property also. He has raised an objection in the ciurt that other self acquired property which are in the name of my husband at his working place are not brought to the court. Court has asked for the certified copies of self declared assetsa nad liabilities statement filed by my husband to his office. Further my brother in law through RTI act has also asked my assets and liability statement also.
Sir please clarify in what way does these properties are related to the case and can they be combined as joint family property and how many more years may this case take for finalisation.

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Swathi S Bhat (Expert) 14 December 2010
Madam,
No one can say the time limit within which your case may be finalized. Only your husband is the absolute owner of his self acquired property. After his death the property will be divided between you and your children and no one can claim his self-acquired property. He can also execute a will in this regard. Only the thing is has to produce proof before the Court like, if he took housing loan from any bank…….etc. that his property is self-acquired one. In ancestral property all the family member are having equal right.