Legal Question in Real Estate Law in India

i am 32 and have a son of 2 years old. I do not stay with my husband since i delivered the baby. My husband's is joint family

with 3 brothers, parents and maternal grandmother. My husband is second one. His elder brother got married in 1996 and

having 2 kids. His younger brother got married in 2002 and having 1 kid at the time of our marriage. I am a working women in software company. My husband also working in software company. We got married on 2007. We have given all the dowry amount before the engagement what ever the money we have discussed at the time marriage proposal as dowry. His brother told us since ours is joint family we will use the dowry amount in our joint family and our brother is the only one who is well

educated we will use the salary of my brother for 1 year. and we will divide the properties in 1 year like that he told and used all the dowry amount in the joint family. since then the whole family harrassing me to put my salary into joint. His elder brother will do nothing and have no income and he use to command the whole joint family. His younger brother take care of joint

property agriculture land. My husband resigned the job after 1 year of our marriage. Whole family(15 members are

depending on my salary). so i came to my home when i was pregnant and staying with my parents now. My husband is not working since after my marriage. I am working and taking care of my kid. We have agriculture land of 25 acres. They told us these land will be divided among these three brothers after 1 year.Based on that only they have asked huge amount of dowry. The owner of the land is his Maternal Grand mother. His elder brother taking all the income on the 25 acres land and our salaries. He is constructing apartments using this money and developing himself. And he is returning any paisa if we have need.Like that he is harrassing. We decided to come out from joint family and asked my husband's share in the 25 acres land. His brother threatening us and telling us you will not get any property from your husband side. His elder brother has took the signatures of my husband in 2 empty 50 rupees stamp papers in 1998 and harassing upto 2008. I took those empty stamp papers after early days of my marriage by threatening them that i am going to put police case. Since this property belongs maternal grandmother and our mother-in-law is the only children to her do we get my husband's share equally or not ?

Or Is there any situation that grandmother can write the whole property to his elder brother. In that situation can we get my husband's share if we proceed legally. We have a son. Will he get the property? Please advice.


Asked on 3/29/11, 9:55 pm

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Yes you can get husband share .

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Answered on 3/29/11, 11:48 pm


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