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(Guest)

Right of son & grand son on property

Hi,

I wanted to share some of my personal life....Me & my husband had a love marriage for which my mother-in-law was dead against. She is a divorce and owns a house. The house was actually written on my husband and sister-in-laws name by my Father-in-law later on my MIL put a condition that if we repay all her loans and sister's marriage expenses she would transfer the property from my SIL name to my husband's name. My husband paid all that he can as he was in US for almost  years....he put forth money for our marriage....my dad too gave 3 lakhs dowry along with 3 lakhs for his education loan too.

Now my MIL says that he never paid any money apart from maintenance since 2005 which is $250 per mth, but actually my husband took a intern job and paid her for sister's marriage and her loans clearage....but since 2005 December he started paying her $250 per mth after our marriage. She was operated for arthritis for which my SIL put up 4 lakhs through her office insurance but she tells everyone that we never paid any money and never took care of her.

She gave us a period of 2009 Feb until which all her expenses would be cleared and since March 2009 she said 5000/- per mth was sufficient so we started paying her that much until now...last year she again faced some issue with her legs and we paid her 15000/- per mth for a period of 6-7 mths. She transfered the property from SIL name to her name in 2009...now she isn't ready to transfer it on my husband's name and says we will throw her out of the house and not allow my SIL too to enter the house wherein actually last December (2012) we went to Hyderabad for a vacation and got to know there was a marriage in family and she asked us to get out of the house and at my Mom's place and she didn't want us to even attend marriage....she informed all the family members who talk to us to stop talking to us.

Now we got to know that it was similar kind of fight that my MIL had with my FIL too (ALL ABOUT MONEY & PROPERTY). We are confused on how to go about with all the things.

I would like to know what right does my husband and my 2 son's have on the house as that is the only one that we have. Regarding my relation with my MIL she never considered my as her DIL....in front of others she acts but actually she has major issue with my caste....she never treated my kids as her grandchildren and takes care of my SIL and her daughter the most.

I'm not sure what to do....if we tell her that we are paying for maintenance that she wanted she says if we don't pay she would file a case where first money would be transferred from my husband's paycheck to her a/c and later my husband gets his paycheck. Kindly help on how to deal with this issue.

Regards,
Rani.



Learning

 2 Replies

kotaruraghu (advocate)     19 September 2013

there is no clarity about the property, which is self acquired or ancestral. as you already said that the property is in your husband's name and from the above statements, it seems that your husband obyed the condition, subjected to proof of evidence for the amount spent by your husband. please give a legal notice to your MIL  AND FIL stating that the above said property is belongs to your husband and the transfering the property in her name is invalid and if she eveded to obey the terms of the legal notice, you have file a declaration suit praying the Hon'ble court that the property belongs to my husband as he rightly obeyed the condition laid down by your MIL.

kotaruraghu (advocate)     19 September 2013

give a legal notice to MIL AND SIL


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