roshni 10 March 2015

Death of old mother by locking her in house

Hello Experts,

My grand Mother in law (husband's Dadi aged around 75 years) died in June 2012 amid suspicious conditions. My parents in law (in thier late 50s) went for a vacation locking her alone. We stay in a different city.

It was later informed through neighbous that she is dead and doors were broken to get out her dead body. My father in law did not inform anyone (including other son and grand children) and quickly did the final rituals in a day.

I strongly feel it is a case of death due to negligence and my father in law is responsible for it. He did not allow other family members to come for last rituals as her jewelery and money would have to be dividied.

What can I do to file a case against this? It been more than 2.5 years but if someone has been killed for money and gold, I feel that I must voice my concern. I do not have the death cerficate (not sure if one has been made).

Looking for guidance and thanking in anticipation of it!

Regards.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 10 March 2015

Dear,

Its a case of death under suspicious circumstances and criminal miss appropriation of property as well. Has the postmortem conducted in this case?

You can file a complaint to the police informing the state of affairs, but since more than 2 years have passed it will be a little tough case to fight and collect evidence in this regard.

Regards

Kapil Chandna Adv

9899011450

roshni 11 March 2015

Thanks for the response! No post mortem was conducted.

The only way to get it moving is by filing an FIR. Right? OR is there a way we can put a case in court directly?

Sorry if am sounding foolish here but the general level of legal awareness is quite low in society.

Thanks and regards.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 March 2015

In which city did the death happen? In most metropolitan cities in India in all cases of death suspicious or otherwise the body cannot be allowed to be cremated without a medical certificate from a doctor giving the cause of death. Most law abiding doctors would not give a certificate under the circumstances cited by you. If you know the cremation ground where the body was cremated and the date of cremation you can get a copy of the medical certificate through RTI. If a medical certificate was not given those concerned will be compelled to call the police or would have to surreptitiously dispose of the body. When neighbors have broken open the door they are also guilty of not reporting to the police. Your parents-in-law are guilty of at least criminal negligence, which is a punishable offence. No collateral criminal act is necessary. If you report the matter to the higher-ups in police hierarchy and doggedly follow it up they have to investigate and take appropriate action. There is no time limit for this.