sowmya (house wife) 12 June 2014

Please give advice for my problem

hi..recently i lost my husband..he commited suicide by mentioning in suicide note that i and my family members are reason to commit suicide.but their is no involvements of my family members in his attempt.but from the starting of my marriage day he is angry on my parents.he has some property in his name.but we said to our in-laws that we dont need any property.but wantedly they are making false allegations on me and my parents and the sent summons reg that whatever the property that my husband have everything belongs to my father-in-law only.i dont have any job.i lost everything.now after false allegations by my father-in-law i decided to take my husband's property.but i have few questions..1)is my husband property belongs to me or not after my husband death2)can i claim the dowry amount and gold.as my gold and money was with my in-laws only

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Ravish Sharma (Advocate) 12 June 2014

First of all mere allegations amounts to nothing... They have sent you summons for what legal proceedings can you specify because it would be pertinent to note what legal action they are initiating... and as far as you questions are concerned :-

1. If the property of your husband was self earned then for sure you have a right over your husband's property. Otherwise if it was ancestral property then it can be claimed in form of Maintenance as you lack income source..

2. Dowry itself is a form of criminal wrong but the same could be claimed as a stri-dhan.. so be it gold and be it money.. the same can be claimed that it was given to you to your in laws at the time of marriage which can proved my marriage photographs or any other way you can prove it or establish the same in court of law..

Rest please disclose a few facts:-

>where is your place of marriage?? Sasural??

>was the property self earned or ancestral..??

> do you have any children.. ??

Personal Suggestion- Do engage an advocate as soon as possible because you have received summons as u said..

sowmya (house wife) 12 June 2014

Originally posted by : Ravish Sharma
	First of all mere allegations amounts to nothing... They have sent you summons for what legal proceedings can you specify because it would be pertinent to note what legal action they are initiating... and as far as you questions are concerned :- 1. If the property of your husband was self earned then for sure you have a right over your husband's property. Otherwise if it was ancestral property then it can be claimed in form of Maintenance as you lack income source.. 2. Dowry itself is a form of criminal wrong but the same could be claimed as a stri-dhan.. so be it gold and be it money.. the same can be claimed that it was given to you to your in laws at the time of marriage which can proved my marriage photographs or any other way you can prove it or establish the same in court of law.. Rest please disclose a few facts:- >where is your place of marriage?? Sasural?? >was the property self earned or ancestral..?? > do you have any children.. ?? Personal Suggestion- Do engage an advocate as soon as possible because you have received summons as u said..

Sir,thank you so much for your valuable suggestion.

1)place of marriage was in AP only

2)it is self earned by my husband only

3)i dont have any children

we gave 3lakhs after engagement and 3lakhs after marraige.and we have bank statements for 3lakhs for the remaing amount we dont have any proof.we gave it by hand to my father-in-law.and 25thulas gold also.it was with my mother-in-law.why because they insisted to keep the gold in their house only.but for this also i dont have any proofs.but marriage photos i have.can i claim the gold and total money??

Laxmi Kant Joshi (Advocate ) 12 June 2014

In suicide case police investigate the matter u/s 174 crpc and then submit his report to the sdm of that area and get order from him to register fir u/s 306 ipc /34 ipc against the accused , you have asked about your husband's property it is as -1. if the property is self earned by your husband and died without making his will then the property will be divided equally among his wife , children and his mother . 2. You can claim your stridhan from your in laws .

Ravish Sharma (Advocate) 12 June 2014

Mam, I understand your concern. First of all we have your marriage photographs which will establish that gold was given as a stridhan at time of your marriage. So as a stridhan we can claim it back.. We can furnish an affidavit that we don't have that gold with us and its lying with ur mother in law since the day of ur marriage..

Now coming on the money you gave to your inlaws.. For three lakh you have bank statement... Bank statement will be used as documentary proof.. Coming to remaining amount, m sorry bt i doubt if we can establish that without any relevant proof.. But the testimony of any of your relative or the place where from your parents arranged monies the sources, can be used as an evidence.. People who were present, be it any of ur relative who saw your father handing over cash to your father in law can establish an important evidence.. So its up to you if u can come to that point how to establish this fact that the cash was handed over to ur father in law...

Lastly.. Coming to your husband's property.. Since it was self earned, there is no doubt in ur share in his property.. You can validly claim your share and if that is insufficient, you can claim maintenance from ur inlaws, as a share in ur husband's ancestral property if u don't have any source of income to maintain yourself..

Moreover you can also instigate criminal proceedings through filing an FIR against your inlaws for harassment and embezzlement of your monies & gold which was your stridhan..

Regards