Claim for property

Querist : Anonymous (Querist) 01 September 2011 This query is : Resolved
Sir, my brother was married (Court Marriage)
in march 2009 with a girl without the consent of his parents. Even his parents didn't know that he was married. He was shot dead by an accident at Bangalore in November 2010. When his parents went to Bangalore then they came to know about his wife. My brother was not talked to his parents since last one year. And also not give a single rupee of his 2yr salary to his parents. After the death of his son, that girl filed a case against his parents viz. Domestic Violence. While she never lived in our home not for a single hour. I don't know what is the criterion of this suit. She also claimed for the property of his parents.
I want to know that whether she can claim for the household property or not????
While the whole property is made only by his father.

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ajay sethi (Expert) 01 September 2011
you have stated that she has filed complaint under DV act . she cannot claim right of residence in property belonging to her in laws .

Querist : Anonymous (Querist) 01 September 2011
She only want to allot half of the property of our parents in her name. She don't want to live in our home. & She is asking for 15000/- p.m. as her maintenance.
Can she claim for maintenance?
And Sir also tell me that what should we do?

ajay sethi (Expert) 01 September 2011

shall be entitled to be maintained after the death of her husband by her father-in-law.PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance -a from estate of her husband . the obligation shall not be enforceable if father in law does not have any coparcenery property in his posession out of which daughter in law has not obtained share

Devajyoti Barman (Expert) 01 September 2011
After the death of your brother the case under PWDV Act is not maintainable at all.
File a petition u/s 482 crpc before the high court for its quashing.

However that does not mean that she has no share in the property left by her husband.
If your brother has dies intestate9 without Will or other transfers) then all his properties would be divided in equal shares among his legal heirs which would consist of in this his widow, children,if any and mother.

Querist : Anonymous (Querist) 01 September 2011
My brother didn't left any personal property And his wife has no child also. But his wife claims for that property which is made by my father only. That property was not get in inheritance from my grand parents.
Whether she has a right to get property from his father-in-law or not??

Devajyoti Barman (Expert) 01 September 2011
No, she has no share in it.
Go for quashing of the DV case.

prabhakar singh (Expert) 01 September 2011
Domestic Violence case can not go on any more.
If your brother does not own any property and
his fathers properties are self acquired and there is no ancestral property in hands of your father in which you or your brother had a share by survivor-ship rights by birth,then she has no space for any claim on any basis even for maintenance.