Mr. Kavksatyanarayana has given valuable advice. Kindly follow it.
The wife, 3 daughters and 2 sons of the deceased are ClassI legal heir and have equal rights in the ancestral and self acquired property.
They shall get 1/6th share in self acquired property and other wealth of the deceased.
They shall get equal share along with other legal heir in ancestral property.
They should also prepare before the Sub Registrar and plead not to register the property and sound the revenue officials including Patwari also.
If the wife of the deceased is Senior Citizen then :
Protection under Indian Law
· Indian Constitution: Art 41- Right to work, education, public assistance in certain cases. Art-46- Promotion of educational and economic interests.
· The Code Of Criminal Procedure: Sec 125 provides the provision to the maintenance of the parents by their children, no matter to which religion or community they belong to.
· Provisions Laid By The Government:
o National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.
o Setting up round the clock helpline. ( Approach SP of the area) and request the SP to stop ill treatment and to protect the dignity and wealth of widow and prevent ill treatment.
Department of Welfare of Disabled and Senior Citizens has started helplines to provide Helpline at Police Commissioner's office to be available on all days
Services include giving support to elders who are abused, exploited and deserted
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
o “An act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereof”.
Under DV Act complaint can file before protection Officer .Senior Citizen Act also there to protect the seniors.
The old Couple should approach the Collector / Competent Authority under Senior Citizens protection Act and he will call the sons and take necessary action for their protection
Ask your client to register police complaint at the local P.S and in case of non-action meet with the S.P. of the district, even if no action is taken move High Court under Writ jurisdiction. The Police shall take action. A new act ie. Maintenance & welfare of parents and senior citizens is passed in 2010. Your client can initiate proceeding in appropriate tribunal made under the act