Dear Experts,
Please guide on the following case:
1. Person A died in a train accident in 2006(fell off the train in the middle of the night) while travelling with his sister and her family.
2. Brother and Sister had infinte love for each other and needless to say sister was devastated with accident.
3. Sister filed a missing person complaint on reaching the station with local police. Body was later traced on the Railway track.
4. Wife of Person A filed a Railway suit for accidental death and was awarded Rs. 4 lakhs in damages.
5. Wife of Person A is a litigant and after death of brother is trying to grab sister property. She has filed several false civil suits which are all pending.
6. Recently wife of Person A has been threatening to bring a suit against the sister for death of Person A. Since there is no actual suit at this time, there are no allegations.
Could someone let us know what actions we need to take to protect ourselves and stop this litigant from brining frivolous suits.
Questions:
1) Is there a limitation on when such suits can be brought?
2) What is proof required in such cases? Who has the burden of proof?
3) What damages can we claim if such a suit is brought?
4) If such a suit is brought, how best to nip it at the bud?
Please advice,
Thanks,
Best wishes,
Srinivas