Legal Question in Investment Law in India

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.

Asked on 8/16/09, 2:29 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Consult your lawyer with all the details for proper guidence.

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Answered on 8/17/09, 12:33 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 8/17/09, 2:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 8/18/09, 8:51 am
Seshadri Srinivasan

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.

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Answered on 10/04/09, 5:56 am

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