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jawahar pandey (student)     01 June 2012

Right of a grandson

A hindu family has 2 brothers (1 married,S1 and 1 unmarried,S2) and 1 married sister,D (marriage in 1995). sister living happily with her husband.

elder brother,(S1) has a small business and has 2 kids ( 1 son,4 yrs and 1 daughter,6 yrs). wife of elder brother (S1W) is not doing in any job. she is a hosewife. both are alive.

younger brother(S2) is in study+self employed

 

wife of elder brother (S1W)  more oftenly threatens to divorce and file a dowry case against elder brother and his whole family.

their FATHER (F) is in govt. job and MOTHER(M) is housewife (both alive).

grand father(GF) and grand mother(GM) both are deceased.

there is some ancestral property (self acquired by grand father, GF)

there are two more property as houses. both are self acquired by the FATHER(F) himself. one house is in the name of FATHER(F) and other house in the name of MOTHER(M).

my QUESTIONS are ............

1) is there any law 0r some way to protect the family against the dowry case threatening by the wife of elder brother (S1W) before she does so ?

2) is there any right of wife of elder brother (S1W) on behalf of her son ( kid 4 yrs)  for share in the properties  self acquired by the FATHER(F).( her father - in- law )  either before divorce or after divorce.  plz also answer in relation to ancestral property.

3) does the daughter (D) has right to demand her share by her father(F) in his self acquired properties  either her father is alive or deceased.

4) in case there happens a divorce b/w elder brother(S1) and his wife(S1W). what are the liabilities  of husband(S1) on his divorcee wife(S1W) and his kids. 

5) if in future, mother (M) and father (F) wants to write their self acquired properties only to their younger son (S2), will it be LEGAL ? .  if it happens so,  after writing their self acquired properties only to younger son(S2) and both are deceased, will there be any right of elder brother(S1) OR the married daughter(D) for claim in this property.

6) if FATHER(F) and MOTHER(M) both are DECEASED  without declaring their properties, then does the daughter(D) has any claim for share in her father's self acquired property.



Learning

 3 Replies

Deep Narayan (learning)     02 June 2012

answers

1.u cannot prevent anyone from registering a FIR or case against anyone.U can protect anyone after the FIR is registered.after the FIR is registered u can move court seeking for anticipatory bail(AB) for ur family members,there is a minimum chance of husband of getting AB.he must have to surrender to police station or court and apply for regular bail.

2.there is no right of her in self acuired property of father-in-law however claims can be entertained in ancestral property,however the ancestral property get divided between u and ur brother and then she can get share in ur brother's property.

3.NO

4.the bill regarding this is still not in affect.

5.yes its legal.But claims can be made as in many cases courts have nullified the will deeds,

6.yes she can claim as it become her ancestral property.now if the divorce happened then she has nothing to get.


also consult lawyer for better answers

jawahar pandey (student)     02 June 2012

in question no. 1 , i meant to ask that is there any rule or law so that pre- information is given to court  about such threatening of filing  false dowry case  by the wife of elder son  so that in future  if she does so  the pre-information would considered  

Deep Narayan (learning)     02 June 2012

do u have any evidence which will prove that she is threatning for such a case??

if yes then u can file IPC 383 extortion case.

I also wanna say again that U cannot stop any person for filing a case or registering a FIR against u.U can prevent urself only after registering the case by any opponenet.

if u proved somehow that she is threating then also court will not say that her complaint of these matter in future will not be taken

I think u got this time


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