Misuse of law

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved
Dear All,

(I had posted my story & query about custody and seeing rights for my Grandson and got advices ,but now an addition and a new query )

Thanks for you paitence in reading my query and your valuable advice....

I am 69 years old senior citizen , Cancer surviver , heart patient and a diabetic. I had three chidren. My elder son is 45 years old ,(lives separately from his wife ), my daughter is 40 years old (has no kids) and had a youngest son 38 years old.

I am very unfortunate mother .I had lost my youngest son recently 10 months back. He was married and has a son who is 2 years old now. Immediately after my son's untimely demise his widow and his in laws created a night mare for me as they grabbed my property for want of it and even tried to take advantage of section 498 (dowry & domestic voilence). They went to women cell against me and my family that we used to ask her dowry & beat her up. Good thing that they could not succeed in their dirty mission . They harassed us 3 months day & nite .Initially local police helped them only but finally after involvement of higher authorities of police they patched up and left my property .

Her parents within 20 days of my son’s demise had declared that they will re marry her .Sooner or later they will .

Even after all these false allegations /cruel fights /property grabbing / I had patched up just for the sake of my only grandson .It was decided that my daughter in law would be living both with me and with her parents .But all these were words only .She lives with her parents .Initially after this patch up ,with lots of Nakhras ,in 15 – 20 days she used to come only for 1-2 day that too when we used to call that we are missing the kid .Gradullay she made it a single day that too after 20 -25 days .Now when she refused to come I sent my daughter to bring the kid to saty with us for a day .He stayed happily but this girl came the next very day and took her back.Since then she had stopped coming . I miss my grandson a lot. I live alone in the house and cries 24*7 for my son and grandson. I am under severe depression and have no hope and nothing to look at .

One hand she is doing this to me on the other ,she wants "no objection certificate" from me for susccession of my deceased son's business . She and her father has already grabbed my son's computer buisness on the 2nd day of demise of my son and now they are running it . She has sent the format via mail and phoned me that she want it.I simply said that this cannot be discussed over the phone and it need discussions .That day onwards I called her up 2-3 times but she did not talk properly and did not let me talk to my Grandson. She has stopped coming to my house at all.I have heard that she and her parents are spreading the rumors that we do not allow her to enter/live in my house.

I am so horrifed with this girl .For want of money/property/no objection certificate she can go to any extent .She had gone in fact in the past.Emotionally she is shreading me by not allowing me to meet /call my gradson .I am worried ,again she can go to women cell/ploice and can file false reports that we have thrown her out of house .I do not know how to prevent this.Can I give an intimation in the police in this regard. Will that help me . Can she make this false case ?

Pls help me with your advice.

Regards & Thanks

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Raj Kumar Makkad (Expert) 22 January 2012
As you have already provided her NOC to run the business of your deceased son may be under duress conditions but this is a hard fact that she is running her business with the help of her parents. She has no charm in your family now. She has preferential rights over your grandson. If she do not wish to come to you or do now allow you to meet him, you can legally do nothing.

So there is no use to remember your past time rather believe in God and take this situation as your hard fact. Try to pass rest of your life remembering HIM only.

V R SHROFF (Expert) 22 January 2012
Follow Sri Raj,s advice

Querist : Anonymous (Querist) 22 January 2012
Dear Makkad sir,

I have not yet given her 'No Objection " but still she is running the business . Clients are now asking her this certificate.

Also my query is regarding -

"I am worried ,again she can go to women cell/ploice and can file false reports that we have thrown her out of house .I do not know how to prevent this.Can I give an intimation in the police in this regard. Will that help me . Can she make this false case ?"

Pls advice on this.

I appreciate your time and advice.

Regards & Thanks

Devajyoti Barman (Expert) 22 January 2012
I never advise to cower under threat. You have already lost everything and you have nothing to loose any more.

Do not kneel in front of this lady. Do contest for you share in the property oif your son. Do not forget the lodge complaint against your DiL in local police.and if possible file case for criminal intimidation.

Raj Kumar Makkad (Expert) 22 January 2012
You can obtain stay order against her from proper court of law and can also claim your 1/2 share in the business as you are equally entitled in inheritance of your deceased son.

ajay sethi (Expert) 22 January 2012
you have to place it on record by means of letters/sms /requesting your daughter in law to come and stay with you . in addition please mention that after your son death you have hardly seen your grandson .

reuqest her to permit you to meet your grandson once a week .

in USA grandparents can petition the court for visitation rights .
The Visitation Rights Enforcement Law, guaranteeing that grandparents can visit their grandchildren anywhere in the United States as long as they have visitation rights in one state.

if your daughter in law is refusing you permission to visit your grand child move court .do not give any NOC . in fact that is your trump card to ensure visitation rights for grand child