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anup neshti (marine engineer)     22 February 2014

Property share claim by a widow

hello,

native of by birth & settled in karnataka, my grandmother lost her husband while her kids (2 girls & 1 son, eldest is son)  were young, in an accident. there was no "will" left by him. she managed to grow her kids & get them married by running a general store.

Right after few years later of the marriage of her son (my maama), the daughter in law (my maami) started troubling my granny. emotional & mental harassment has been there. up to recently, where my maami abused my granny. now my granny does not want to stay with her. my maama, also not much capable of controlling things. 

we wish to get her with us to stay. she was totally dependent on my maama for expenses. & no property division has been done yet. she wants to end the suffering by getting her share & leaving them. 

i would like suggestions if we can do so. along with the share of my granny, can we include for shares in ancestral property (the shop, some land in the village & farm) for my mother & aunt? what would be the condition to obtain expenses for maintenance for my granny? can we file a police complain for harassment?

suggestions & advice highly appreciated.

thank you.



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 1 Replies

Adv. Chandrasekhar (Advocate)     22 February 2014

Even though she has got a right to file complaint against her son and daughter in law for harassment and also for maintenance, the proper peaceful course of action, I suggest, is that she has to file a partition suit in the civil court and she is entitled to 1/4th share of commercial, agricultural and residential property. The remaining 3/4th of the property will be divided between her son and two daughters.  During the pendency of the partitition suit, she can move appropriate application for her maintenance and residential rights in the joint property and also by filing DV case, she can stop her dauther-in-law in meddling in her affairs and even get restraint orders from the court that the daughter-in-law should never speak to her.

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