India  |  Investment Law

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8/16/09, 2:29 pm

Legal Question


My husband does all his investments in his fathers name.My father-in-law has no source of income as his own.Now i want a divorce from my husband.

1) Can i claim on these properties where my husband has done all his investments.

2)He says he will tell his younger brother to claim on the property as the properties are on his fathers name.Is there no way out for me?

3)Can i file a case on behalf of my son claiming for the property as he is a minor?

( as i have heard that a grand-son can claim on the property of his grandfather)

4)His younger brother has a son also.Can he also claim on the property of his grand-father.

5) Can i take a stay order on all the properties so that my in-laws cannot sell or transfer these properties on any others name?

kindly answer all my queries.


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8/17/09, 12:33 am

Legal Answer


Consult your lawyer with all the details for proper guidence.

Shrichand Nahar

S.V.Nahar, Advocate Pune, 411004

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8/17/09, 2:40 am

Legal Answer


yes, you can file a suit for partition on behalf of your son and stay would be granted and the properties cannot be sold by the father son duo unless the case is decided by the court of law. neither the father nor the grand father can abridge or take away the rights of the minor son/grandson.

RAJIV GUPTA

(Cell: +91 9811284735) lawnrajiv@gmail.com Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts Delhi, India., 110054

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8/18/09, 8:51 am

Legal Answer


Yes, you and your son may be entitled to a share in the properties. You may institute appropriate legal proceedings in a court of law in consultation with a local lawyer.

Sudershan Goel

Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001

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10/04/09, 5:56 am

Legal Answer


You cannot claim share in your father in law's properties even if YOU CAN PROVE that your husband financed the purchases.

No is the answer to each of your 5 questions.

Seshadri Srinivasan

www.lawconcern.com 7A Queens Court 130 Montieth Road Egmore Chennai Chennai,india, NUS 600008

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