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Abhi Jha (Manager)     04 June 2014

Harassment by widow to old plarents

Recently after death of a family member all of a sudden- the widow with help of support from her parents forced parents in law out of the house. Took all the money - insurance etc and got transferred all property on her name. 

Poor parents in law went back to their home town and living in misery while widow's parents have full access to her home and two kids which the parents in laws struggle to even talk on phone....

Do parents in law have right to go and stay in their son's home who dies so that they can see the kids...how do they get access to kid? Can they stay in the same town in their son's otehr flat leased to the tenant....

Their own son dies and they are now in misery...any suggestions/legal advice..

 

Regards-

Abhi

 



Learning

 12 Replies

ANAMIKA VICHARE (LAWYER)     04 June 2014

They can surely go but they shouldhave that guts to endure the cruelties or file suit in court of law

Abhi Jha (Manager)     04 June 2014

Ok but can the parents in law stay in the same home of widow...can widow throw them out or go to police ..do parents in law have legal right to visit or see the grandkids..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 June 2014

Joint family should be broadened. Joint family should be the family system. Broad minded thinking among the family members are important for welfare of all. 

Adv. Chandrasekhar (Advocate)     04 June 2014

1.  The deceased's mother has got equal right along with widow and her children in property as well as in his death benefits including provident Fund and gratuity.  For property, she has to file partition suit.  For share in movable property, she has to file succession suit.  If the father of the deceased does not have any source of income from any other source, he can ask for maintenance from the estate of his deceased son by filing application under Senior Citizen's Act.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

The mother-in-law of the widow has equal right in the property of the deceased husband as that of the widow.

 

The right is equal on all properties whether movable or immovable. The only down point is that if the matter is contested the old parents would have to fight the lengthy battle in court for getting the same rights enforced.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Abhi Jha (Manager)     04 June 2014

Thanks for your help...If the parents in law wants to visit the home of their dead son to meet their grand children..can the widow who currently lives there...force parents in law out of house...is that legal.?

Adv. Chandrasekhar (Advocate)     05 June 2014

If the property is in the name of deceased son, then mother of the deceased has got her share and she can approach the court in DV petition seeking the residential rights.  As these are old people and cannot fight with the daughter-in-law and her relations, it is better to obtain residential rights as well as protection orders to safeguard their physical safety.  In this very petition, they can ask for visitation rights to their grand children.  The court will consider their applications and it will not take more than 3 to 6 months to get all the reliefs as interim relief.

Abhi Jha (Manager)     05 June 2014

Thanks it helps..the property was in the name of teh son but nominee was wife and may be she transferred to her name. Parents in law are not intereted in money but wnat to meet and stay with Grand children and at their son's home....

Please any recommendation for the laywers for poor parents..

Abhi Jha (Manager)     14 June 2014

Please any lawyers in Pune who can help the old parents,

Sudhir Kumar, Advocate (Advocate)     16 June 2014

theway they have transferrred property and cash to her (as described by you) it does not appear that they have capacity (financial or moral) to fight back.

Abhi Jha (Manager)     26 June 2014

The parents travel to Pune in hope to sort out things and convince daughter in law and also to meet their grand daughters for few days as they were missing them and feeling very down. As they entered house the widow/DIL called police and asked them to leave. The widow did not allow them to stay for a day even when they requested as they traveled via train to reach Pune and were tired.

Please need help what can the poor parents do:

1.Can they file for visitation for their granddaughters. The daughter in law is planning to get remarried as well.

2. Can they ask tenants in the same city of the other house of their son which is under loan - to leave and can they stay there.

3. File case to get part of property/money of their son only to teach lesson to daughter in law as she is using the property and money on her parents and brothers.

Is this going to be complex and require lot of court appearance. Please this is urgent ..can someone help...even the policeman said- never seen such a lady who cannot allow her parents in law to satay for a day or 2...all this has happened since she got money and propoerty after teh death of the husband..

 

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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