(Querist) 20 August 2022
This query is : Resolved
Need guidance to the below query:
A case u/s 498A and DV act was filed in the local family court in the name of my brother (named as main accused) and my parents also named therein. The case is going on for last 12 years. Meanwhile my brother met with an accident and passed away. After the unfortunate incident, my ailing mother made a registered will in favour of the remaining children to transfer her rights in a small house which was in her name. The house was constructed by my parents from their own income and not inherited.
Now at this stage, I have two queries:
1. Can my late brother’s wife drag my old age parents to legal complications, as the main party to the case is deceased? 2. Can she claim a share in the house while my mother is alive?
(Expert) 20 August 2022
As the property is your mother's property (which is in her name), hence it is her will to give it to anyone. No one has the right to ask her. So your deceased brother's wife cannot ask for a share in your mother's own property.
Dr J C Vashista
(Expert) 21 August 2022
Question wise reply is as under: Q 1. Can my late brother’s wife drag my old age parents to legal complications, as the main party to the case is deceased? A. She can not amend her complaint u/s 498 A IPC as well as u/s 12 of PWDV Act. However, no one can stop filing a fresh complaint. Did you seek opinion and advise of the lawyer engaged to defend you / respondents ? The complaint against deceased accused shall stand abated and other issues qua legal complications can be opined and advised on the basis of facts and circumstances
Q 2. Can she claim a share in the house while my mother is alive? A. You should have asked this question as to whether the complainant / widow daughter in-law has a right / claim in self acquired property owned by mother in-law. There are different /conflicting decisions of Supreme Court where daughter in-law has been allowed to share matrimonial house owned by parents in-law whereas in some cases she (aggrieved person) has been declined to share such property. Consult your lawyer, who is well aware about facts and circumstances of the case.
Adv K Rajasekharan
(Expert) 21 August 2022
The 498A and D V cases are criminal in nature. Those cases will come to a close only based on the involvements of the parents in the crime. If they are not involved in any offence they will not be subjected to punishment. The cases depend mostly on the nature of the facts in the cases.
Regarding the right of the wife (of the deceased person) in the property, she does not have any right in the property if the Will is executed properly and is valid in the eye of the law.
Sudhir Kumar, Advocate
(Expert) 19 December 2022
1. Can my late brother’s wife drag my old age parents to legal complications, as the main party to the case is deceased?
2. Can she claim a share in the house while my mother is alive? NO But as a widow of her son she has a right to demand maintenance.
In case this was her matrimonial home (thou house where she lived with her husband, then she has right of residence in the house and fan force her entry.