Question :

My Case:

My father-in-law is distributing the family wealth inequitably among his four children. They are three sons and one daughter. He has been very unjust to my husband. After my mother-in-law passed away they quickly distributed the cash, gold, bonds, cars, farm-animals and other valuables among themselves without consulting or informing my husband.

My father-in-law’s stance is that since the youngest son is jobless and has six children he deserves the lion’s share. The oldest son takes care of the family estate so he deserves the second large share. My sister-in-law deserves to benefit immensely under the ‘gift-scheme’ as she is the only daughter.

My father-in-law believes it is his discretion to dispose off his property as ‘gift’ to his favorites. So far everything land, plots, cash, gold etc has been given as gifts to the three and my husband has been singled out systematically every single time. This practice is still being continued.

My husband is under heavy debt around two Rs.crore; none of my husband’s siblings is under any debt. I have a chronic disability and can’t work. I am 48, he is 58 and our only child is a six year old daughter. I feel so cheated that my daughter is being deprived of her due share and we barely make our ends meet. The other parties live lavishly off of family wealth under the pretext of being jobless or being in greater numbers.

My questions:

Does this situation qualify for a lawsuit? If yes, would we be better off with a civil lawsuit or one in Shariat Court?
2. If my husband is shy of taking his family to court, can I file a case as this injustice is directly affecting my family’s financial well-being?
3. Since my six year old daughter is a legal heir can she file a suit or I on her behalf? Please guide.
4. How can we halt this continuous drainage of family wealth as gifts?
5. How can we reclaim my husband’s share of what has already been given out as gifts.
6. Would our case stand a better chance if the victim, my husband, files a suit directly?


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