need help in property case...?

Question

My husbands` have 2 brother and one sister.Sister is elder and married. . husband is 3rd child of family. My father-in-law purchased a property and named it to my elder brother-in-law and died. Now my elder brother-in-law wants all property and my younger brother also with him. both they wants us to leave house. i have register court case against them. they are trying to show that they had purchased property. All neighbors are agianst them ..they are ready to speak in court against my brother-n laws.Now i need your help .are any chance to win this Court Case?

Answer 1

Here you say your father in law purchased a property in the name of your eldest brother in law's name, firstly the property you speak here is an immovable property which whenever is purchased has to be done by proper registration, wherein a sale deed in which the name of the seller & buyer is mentioned on the Stamp Paper of the amount required for such transfer of the said immovable property paid to the government funds & such a stamp paper is further registered with the Sub-registrar of the district where such property is situated, this the usual procedure for the legal transfer of any immovable property. The fact regarding the person who sells such property & person who buys such property can be confirmed from the revenue records of the sub-registrar of the district. The buyer becomes the legal owner of such property once the titles of the property are transferred in his name, the question who gave him the money to buy such property hardly matters, as most of the immovable properties are usually purchased by people after taking financial loans from others including financial institutes, if the mere fact your father in law gave money to your eldest brother in law to purchase this property was being challenged on this ground that actually the amount from which this property was purchased was your father in laws not your brother in laws then in all the cases where people purchased any immovable properties taking loan from other people including the financial institutes could be asked to leave these immovable properties as the amount which they paid to buy such properties were not their but some one else but such is not the case, what all these people who gave the money to buy such properties can do is recover such amount from the borrowers the legal owners of such properties, not get their properties transferred in their name or in the name of their beneficiaries, even in your case your father in law can only ask for his money back from his eldest son, but if he is not alive, you cannot ask that money back which was your father in law's self acquired money which he gave to his eldest son during his life time & any self acquired property given during one's lifetime by any one cannot have inheritance right of his otherwise other legal heir in this case you. Now this the legal position in your case, what your neighbors say is none of the concern of the court unless they are witness to any crime such as extortion or theft of such amount if your eldest brother in law did from your father in law to purchase such disputed property, then I can say that you may challenge his such act of extortion or theft by your brother in law from your father in law of the money with which he purchased such disputed property not otherwise. Hope this legal issue is clear now. Further read this latest judgment from Supreme Court of India where any gift given to a son by the parents cannot be revoked or taken back, in your case if this property was gifted by your father in law to your eldest brother in law, read this >>>> http://www1.timesofindia.indiatimes.com/India/Parents_cant_take_back__property_gifted_to_kids/articleshow/2629850.cms

Answer 2

If your father-in-law put any property in his son's name and only that one son, you may not have a leg to stand on, The important thing here is paperwork. Written stuff is usually what the law looks at in these cases. Good luck.

Answer 3

Vijay M has given you the best and correct picture. Assuming that the conveyance of property took place correctly and it now stands in your b i l's name, dont waste money in initiating or fighting court cases, when the facts and law are against you.

Answer 4

The more recent high profile case is from the Harry Potter author.A publishing company tried to publish some kind of "encyclopedia of Harry Potter", the author claim that such encyclopedia violated her copyright.Also there are other cases involving Harry Potter, like Fake Harry Potter books published in foreign countries......Real Estate Agent Bendigo

Answer 5

I agree with mark h, whatever the recorded deed says, that is who owns the property. with this exception, so long as the deed was written and recorded while the signer was of sound mind and body. I am sure someone will raise this question in court.

Answer 6

If your father in law gave it to your elder brother in law by way of will....nothing can be done. In any case you should consult a lawyer...I think you have no locus standi in the case.

Answer 7

If the brother's name is on the deed and it is recorded, the property belongs to him.

It will depend only on written documents that were recorded. Any oral testimony will be excluded by the "Parol Evidence Rule."

Answer 8

It appears you are trying to tell us that your FIL bought property that you are living in, and gave it to your BIL and then died; and now they want you out.


MOVE. It's his property.

Answer 9

We haven't a CLUE as to WHAT you are talking about.

Vjay DID NOT have to tell us he was a lawyer, I figured THAT out in about 5 lines of boilerplate.

Answer 10

Squaters don't have "rights."