Ancestral property - please advise

How your father received Gonda property from his father? Whether your Grand father is still alive?  Whether your father has any sister or brother? Whether Gonda property is a joint undivided property? Let me know for my opinion.

@Vidhya Tiwari: You should have used a separate thread to post your query and not to join in somebody's thread to avoid confusion. Now to your query: If the property in the possession of your husband in the village is of ancestral in nature, your sons have a right to a legitimate share out of his share in the property, that way, both your sons can file a partition suit against their father seeking partition and their legitimate share in the property out of his share and also can file an application for injunction restraining him from alienating or encumbering the property till the disposal of the current partition suit. Suppose it is not an ancestral property, you can file a maintenance case seeking maintenance amount from him and also right to residence in your matrimonial home where your husband resides, and can file an injunction suit restraining him from alienating the property which will deprive your privilege of residing in your matrimonial home. Consult a local lawyer and proceed legally.

@ Learned Mr. KALAISELVAN,

IT APPEARS THAT YOU ARE GOING TO BE MATURED TO OPINE LEGAL PROBLEMS WHICH DESERVES APPRECIATION.

Respected Roy Sir,

Kindly find the below given answer of you questions

1- How your father received Gonda property from his father?

Ans - My husband Received this property  after the death of my father in law in partion between his 5 siblings.

2- Whether your Grand father is still alive?

Ans - My father in law is died 30 year before.

3-Whether your father has any sister or brother?

Ans - My Husband is having 5 sibling brothers and 1 sister they already have their part of property.

4 - Whether Gonda property is a joint undivided property?

Ans - No, After my Father in law death all his property equally divided between his sons.

Resp, Sir Now i share with your valuable suggestion.

Thanks & Regards

Vidya Tiwari

Respected Roy Sir, Thank you very very much for your appreciations, this motivates me and I take it as your blessings. With your encouragement I reiterate that shall render my best, sincere and unbiased service towards mankind through such forums to the possible extent. Looking for your continuous support and blessings.

@ Smt. Vidya Tewari.

You can file a maintenance suit against your husband and can obtain court's order for a permanent injunction upon the property restraining your husband from selling or otherwise encumbering or transferring the title of the property to safe guard your pecuniary interest.  From your given facts it appears that the subject property although ancestral but when it came in the hands of your husband by virtue of a partition made by your father-in-law it is to be treated as his self owned property which he can sale or otherwise disposed off without taking any consent from you or your sons.

Respected Roy Sir,

Thank you so much for so me this path.

Sir,Kindly tell me more about these fact as per your given valuable reply:-

1 - How can i launch case in which court (Gonda or Lucknow) against my husband ...What are the process for the same?

2 - In under which sections and dharas case launched against my husband....?

Sir , as a wife i want only the safety of my husband from that relatives and try to give ancient right to my sons only.So i need a peaceful path.

Thanks & Regards

Vidya Tiwari

Sorry I have no teaching experience better you consult with an experienced local lawyer practicing in civil matrimonial matters. He will guide you.

@Learned Mr. Kalaiselvan,

Your performances in dealing with various queries in this platform has been  improved considerably and opinions and advises appears as more thoughtful and effective in accordance to law which indicates that you are regularly studying  law books and case laws.  This habit is good for you  because you are getting a chance to revise your acquired knowledge.which will be helpful in your day to day legal practice.  My blessings coated with fatherly love and affection is always upon you..

do your father have any proof for given money to your aunty??

I have my ancestoral property that belongs to my father now.  One person sold our land without our knowledge and concern.  Now he is saying that we had sold it orally and they have generated fake documents in their name and sold to several other peoples.  Now, whether there is a law or government order to do oral partition?  If so what is the GO number?