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pulq   16 September 2015

Right in father's property

Hi we are residing in vadodara, gujarat. my husband has two brothers. two brothers are living in Baroda include ourself. one brotherinlaw is staying in our Goa house i.e. my inlaws house. my in-laws has two houses one in vadodara and one in goa.  my in-laws has verbally divided goa house in three parts to three brothers. two brother got ready roomes in their division. we have got only land adjacent to there rooms. that time inlaws had decided who ever take only land, other two brothers will give money to him so that he can also build the rooms. now my fatherinlaw is not there, he passed away 3 years back. last five years back when we visited our goa house with my family, my brotherinlaw and sisterinlaw had stopped to enter in their house saying this is our house and all. we told them as we dont have ready house we have right to stay until you people give some money and we build. but she had a quarreled with us. after that we never go to our Goa house. after that my motherinlaw and my two brother in law and their family member stopped any relation with us as we told my motherinlaw to divide in three equal part but she is not showing any interest. in this case what should i do for my right.as in writing we dont have anything. actually i also dont know in these years they have done something. so please guide me what should we do. 



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 5 Replies

Kumar Doab (FIN)     16 September 2015

The house in Vadodra and Goa are registered in whose name and is it self acquired or ancestral  property?

Which personal law applies to deceased owner e.g. Hindu, Muslim,Christian?

prabhakar advocate (advocate)     16 September 2015

If you are Hindus, and if the properties were in the name of your FIL and if he died without leaving the will, then the properties at Vadodara and Goa will be divided into 4 parts - 1 part for MIL and 3 parts to 3 brothers (assuming that they have no sisters and your FIL's mother has already expired), if your husband files a partitition suit in the court.

pulq   16 September 2015

The both properties are in the name of MIL.  the goa house is ancestral property. we are christian.so please advise what action should we take and where to contact as we dont know anything.  or we can take any action from Vadodara only.

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

In ancestral property the children have right. That's the position in Hindu law. Not dealt with Christian succession Act

Kumar Doab (FIN)     16 September 2015

Generically speaking: Indian Succession Act deals with it.

However various factors like which Sect, Goa has been a Portuguese colony etc may be involved.

Therefore you may preferably consult a senior lawyer specializing in family/property/revenue/civil matters and well versed with local laws.

The property is located in Goa so you have to file at Goa.

 

You may check if  Law firm having office at Vadodra  and Goa can help you.

 


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