Legal Question in Family Law in India

My father in law died unexpectedly and after that my Mother in law and brother in law are mentally tour- Charing me and my husband for property. my mother in law want to give all property to my brother in law(younger brother of my husband ) hence she is trying every way to torcher us . My husband don't want to discuss this matter to anyone due to his father's name in society is good and he loves his mother, please suggest i am in very difficult situation, we tried to discuss this matter in family but no solution . they are forcing us to leave the home and my husband don't want to leave it .

Asked on 7/20/22, 5:11 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

The situation depends on what was your father-in law's will. If he left a will then his property would be divided as per his will which should be followed in letter and sprit. In case he died intestate ( without leaving a will) then your mother-in law and all her children have an equal share in the property and all other assets he has left behind.

In so far as your MIL forcing you to leave the house is concerned, let me tell you that no one can take you out of your dwelling house except with by due process of law. You may ask for a partition in case if you are an equal shareholder by virtue of your Late FIL dying intestate.

In case if your MIL is the beneficiary of your late FIL she can be restricted from moving you out of the property that you are occupying, but it may be stated that the law will come to your rescue only if you are staying only beyond a period of 12 years.

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Answered on 7/21/22, 11:01 pm

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