Streedhan and rights
vandana
(Querist) 30 March 2012
This query is : Resolved
My husband has been working abroad for last 8 years i.e 2005. in afghanistan, My father in law had his own house in delhi and retired from central government 1991, he had been drawing a pension of 27000 rupees and was quite well off. Now inspite of being well off he had been asking money from my husband and my husband had been sening money to him for last 8 years which averages to about 25000 per month and when ever he used to come lot of gifts and cash were also given to them My in laws had always assured me and my husband that they were also saving the money and whenever we require we can take it back from them. the money was remitted into my father in laws account I never had any objection to that inspite to the fact that my inlaws had really harrassed me alot I thought my husband being the only son and youngest of the four siblings, my inlaws will do everything best for him and his children and obviously will save money for him only. I gave cash to my mother in law to buy gold coins and keep in her locker as all my gold jewellery had been in her locker for last 20 years. Meaning I had no suspicion on that. so my questioning or suspecting them never came in my mind. My husband has been a very very good son and i also have been cooperative with him in doing his duties towards his parents.
Now, my father in law fell sick from may onwards, he had parkinson and dementia, we looked after him very well. But really after his death my mother in law who came under the influence of my sister in laws has really changed. I saw the bank balances of my father in law and i was shocked that they had literally no money and after seeing the statements I was shocked that all the money has been used up mostly by my sister in law for paying the school fees of her children and drawing cash and my father in law apparently had taken lot of loans for her and paid that up from the money my husband used to send from abroad, which we thought the parents were using for their needs and to save for us. My sister in laws husband had expired last year only and she has a very good job and she has been using this money for last 8 years. then without telling us she has shifted into my mother in laws house when my husband left abroad after doing last rites of his father.
I have come to know she has forged my husband signature to claim insurance money of my father in laws car which was banged by her son.
My husbands stuff, my gold, cash and lot of things were in that house as my husband used to spend equal time with his parents and me as we live very close to each other. We are still residents of that house as our voter id cards and passports are of their address only. Now my sister in law and mother in law are refusing to give my gold and cash lying in her locker, not letting me enter that house, plus they are refusing to give me back all the stuff that my husband left in their house before he left the country. MY HUSBAND IS TELLING ME TO FORGET EVERYTHING, but i cant digest what has happened and i am not ready to part with my things..
MY QUESTION IS CAN MY HUSBAND claim back the amount he had sent to his father which was used by my sister in law who is earning well..that all is in the bank statements.
He has been maintaining his parents inspite the fact they were very well off, what are his rights on property..
I want my stuff back meaning my streedhan, as they are refusing can i claim it back. I really have few bills as most of them were gifted items i got on marriage and after marriage from both the sides plus what i used to buy for which i have bills and put it in her locker as i never suspected all this to happen, i had been paying their bills and everything seemed to be ok..but only since last week since the time my sister in law has shifted has all these things happened...i really did not mind my sister in law shifting as i thought would be better for her as she is alone and daughter is a daughter and even my husband can also work in peace without worrying about his mother..
I have paid fees and really given lot of cash to my sister in law, and some of them is recorded in my statements, when she was using our money only through her father which i was not aware of.
What can i do that my sister in law has forged my husbands signature on the NOC affidavit given to the insurance company to claim insurance of my father in laws car. my husband does not want to take any action
kindly guide me about my and my husbands rights as we have really looked after them very well and at this moment i really feel cheated and hurt.
My father in law has left a registered will in which he has given everything to his wife and if his wife dies without making a will everything will come to my husband My sister in law is trying to influence my mother in law and has shifted in her house, and I am sure she will influence and get the house in her name because i was shocked when my mother in law id not open the door for me and told me that she does not want to keep any relations with my husband and us.. which really i am not bothered about at all, as I have enuf, I really want what is mine back....
do let me knwo your views on this
Raj Kumar Makkad
(Expert) 30 March 2012
Your father was free to make will of hi self acquired property and you have no other way but to accept the bitter reality of life.
Shonee Kapoor
(Expert) 30 March 2012
Even the long litigation would bring leave bitter taste in everyone's mouth.
Talk things out and reach a settlement.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vandana
(Querist) 30 March 2012
I m not bothered about the house I am bothered about the mny my husband hd send and my articles lying with her and ya my sister in law forging my signature..
SAINATH DEVALLA
(Expert) 30 March 2012
Dear Vandanaji,
After going through your query,I can conclude with only one word"SYMPATHY".The villian of the entire episode is not your fatherinlaw or your motherinlaw or for that matter your sisterinlaw,but it is your husband.Proofs can be obtained for the money sent by your husband,how are you going to ascertain the valuable articles given.I request both of you to wake up atleast now and have a retrospection.
You can't claim under STREEDHAN.I am giving you examples:
The word ''Stridhan '' is, as you know, derived from the words stri meaning woman and dhana meaning property. Essentially a word and concept, which comes down centuries from the Hindu smritis but has today, permeated all forms of marriages in all castes and religions.
Gifts made to a woman before the nuptial fire.
Gifts made to a woman at the bridal procession
Gifts made in token of love by father-in-law, mother-in-law
Gifts made by father
Gifts made by mother
Gifts made by brother
Property inherited by a woman becomes her stridhan.
Property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest, becomes her Stridhan.
Property obtained by a woman by adverse possession during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property purchased with Stridhan is a woman's Stridhan
Rights of a woman over her Stridhan.
The woman has an absolute, exclusive dominion over all her Stridhan including movable and immovable property and has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. Her husband and / or his family members have no rights over a woman's Stridhan.
It is usually practical and preferable that any girl especially educated girls of today maintain a list of their Stridhan as also become capable of looking after their own Stridhan in terms of its security such as opening a bank locker in their single names for the purposes of storing jewellery and instruments of money, property etc. or keeping it under their lock and key
vandana
(Querist) 30 March 2012
hi sir,
thanks for the response, ya even i think that
but can u guide me as to how i can claim the money my husband had sent them...and it is evident through transactions that most of the money was used by my sister in law...cant i ask for that money from my sis in law, she is 8 years older to my husband and was earning well and her husband was also alive that time...my father in law was supposed to save that money for us and themselves to when needed..
I need to fight for my streedhan and articles...i may or maynot get but at least i can try...trust is a big issue in relationships i would have not really doubted them but when my sis in law forged my husbands signature is when my eyes opened and i have started taking these actions...because y she did this i could not understand as my husband was not even asked and he would have signed as such, i really didnt understand the intention behind forging his signatures..really tense...loosing money is really bearable...but when ur trust i broken it really hurts and hurts badly if it happens after 20 years of marriage...really sad it is an eye opener for me and any woman who reads it...DONT TRUST ANYONE...u know not trusting anyone is very very tough to handle...
kindly let me know my husband can he claim back his money from sister in law or mother in law...and by default will he have any property rights..
can i claim back what i gave my sister in law and mother in law...fees, telephone and travel bills and misc..whatever is on records in the bank
SAINATH DEVALLA
(Expert) 31 March 2012
Dear Vandanaji,
The ways and means to get back your husbands money or the articles are very bleak.As far as the property is concerned your husband can claim his share.
Comming to the forged signature for claiming the insurance amount,that can be proved.
Shonee Kapoor
(Expert) 01 April 2012
I would advise the best would be to involve the elders and try to recover, the chances of getting the same through court are bleak in your case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 01 April 2012
settlement thru common fr & relative is best solution.
vandana
(Querist) 01 April 2012
I have already tried she and my sis in law are denying..I will definately try atleast later I will not regret. It is my saving irrespective of whatever I won't give it up so easily I have done so much for them and after 20 years they r doing this do let. Me know if by law I can get it atleast try to get it..really feeling cheated and hurt
