My in-laws lost their lives to COVID this year. They were resident of Chennai, Tamil nadu and have 2 daughters and a son. Their son (my brother-in-law) is hospitalised in Psychiatric hospital which we suspect is a foul play by his wife. She had given him a divorce notice the same week he lost his father (he had lost his mother just a month before that). As his wife is running around to find process and paperwork to divide her in-laws property 70/15/15 (70 for her husband and 15 for each of his sisters) and make her beneficiary of the properties owned (or to be owned) by her husband claiming his is psychologically ill. We want to place hold on distribution of property unless my brother-in-law gets healthy and we can travel to India and discuss with him. What legal options my wife and her sister has to place hold on property claim by their sister-in-law.
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File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by your siblings
3) partition suits take 15 years to be disposed of
4) you can always at later stage file consent terms in suit proceedings
The two sisters and brothers have an equal share in the property if the wife of brother files a suit for partition of property notices are to be served to both the sister, further also in case the brother is not mentally fit she needs court permission to file on his behalf and appointed as his guardian. The sisters need to intervene in the matter as the wife of the brother with permission of court can sale his share of the property without dividing. So sisters can file suit and seek a stay pending the suit.
1. Property card doesn't establish title irrespective of what is mentioned therein.
2. However to avoid dispute further immediately file a suit for partition and injunction to secure status quo in the property.
3. Such suit can be filed through your relative in India on the basis of PPA.
If there is no court case filed you can hold it as you want but if any proceedings are filed in court you need to take courts permission
If your wife and her sister want to hold the property from being alienated or fraudulently divided by your wife's sister in law enforcing her evil design, your wife has to file a suit for partition and an application in it seeking to restrain her brother/sister in law from alienating or encumbering the property in any manner till the disposal of the main suit.
Your wife can give a power of attorney deed to any close relative in India to file the suit on her behalf so that the suit can be filed in her absence also and that too immediately.
She should not show that knows about her brother's mental ill-health, because one cannot sue a mentally challenged person. Your wife's sister can join your wife to file the suit jointly.
Both your wife and her sister are entitled to one third share respectively in the properties left behind by their parents upon their intestate death.
No she can't do the sharing distribution of the property as per her wish 70/15/15 it should go 33.33% equally to all legal heirs as per the Hindu Succession act.
Ask you wife to draft a letter from US and get sign from Indian Embassy Counselor signed to insert all legal heirs names on the ptrperty papers along with sharing details mentioning the Act details. send it to SRO.
Firstly, there has to be adequate paper work which needs to be done for the distribution of the properties. Also have the parents written anywhere as to how much share will each child be entitled too?? if not, then it will be equally divided amongst all the children.. If you apprehend that your sister in law will play some foul game for the distribution of the properties then in that case send her a legal notice stating that you are willing to come to India and settle the matter amicably.
