Dvc ,498a and sop on my family after death of husband

where is the issue

You can fight all the cases properly with the help and assistance of an experienced lawyer in the local or can engage such a lawyer from outside too.

The conduct of the case is practical and cannot be guided here without any knowledge of the background facts of the case.

 

Hello 

Telangan state , Nizamabad district 

 

 

 

 

 

 

Dear Querist

As per given facts, legal matter was not initiated by wife of your brother before death of your brother. Therefore, certain facts need to check pertaining to suicide of your brother and his marital relationship with his wife to give better opinion on the stated subject matter.

You will be needing continuous legal guidance in dealing with police, making statements and replies of claim by opposite party.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


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You have the only option to contest all cases through a local prudent lawyer. 

A dispassionate reading suggests straned relationship among the deceased brother's widow and other family members,

Issues could be sorted out if her due share of the death benefits are given. Your father, as the nominee, is only a trustee and the benefts due belongs to the legal heirs of the deceased viz. the mother and wife wife of the deceased.

As to the gold ornaments, it belongs to the deceased brother's wife; it is of no consequence that the IN-LAWS had given it.

Did your family attempt for an amicable settlement with the young widow ? Preference must be given to settlement.

 

Hello Sai. I'm Niharika, a practising Advocate. I've read your query and here is my take on it, I hope it will be of use.

Firstly, Nominee does not strictly mean that nominated person has absolute right over property of the deceased. As your brother's wife was legally wedded to your late brother. Therefore, she certainly has interest and  rights in the property of your deceased brother. however, you should properly reply to the legal Notice of the Opposite party and present your version in the case U/Sec. 498-A, IPC.

Also, the Hon'ble Supreme Court and varius High courts have in a plethora of judgments which state that, relatives should not be joined as a party in a 498-A, IPC just by the virtue of being a family member or a relative, unless there is a clear evidence of harrasment.

Additionally, in the present case, where your brother committed suicide, I'd suggest that you scrutinise the cause of his death and if it appears that your brother's wife was involved in some ways then the Court will consider those factors too in deciding the fate of the case and also curate in accorance the compensation/maintenance involved, if any.

I hope this information helps. You can contact me for further guidance at niharikalohan@yahoo.com 

You come with specific query what you want to know.