Securing property
ksreddy
(Querist) 27 September 2013
This query is : Resolved
Hello,
My sister recently commited suicide becuase my brother in law is a sadist. She left behind a daughter. My parents had given my sister some property which they directly got it registered in her name when she was student and is clearly mentioned in the deed that she is a student. Now their family with a bad intention is trying to sell the property and keep the money to themselves.
we have a good intention to safeguard her property to her child. Please advise how can we safe guard. The deed is with us and they dont have any documents pertaining to that.
Also as the property was bought with my parents funds, can my parents also claim a right on the property.
THanks
Ms.Nirmala P.Rao
(Expert) 27 September 2013
Dear Client,
You and your parents file a petition for custody and guardianship of your niece in a Family/Dist Court on the ground that your brother in law and his parents etc are cruel and because of your brother in laws sadistic behavior etc your sister committed suicide, I hope a suicide note making your brother in law responsible for her suicide was left behind by your sister. Under the Minority and Guardianship Act and the Guardianship and
Wards Act "A child's welfare is a paramount consideration". Hence, when once you prove your sister's suicide note etc and other evidence in court- the court may grant you custody and appoint your parents as her next friend/guardian. And, as the guardian of the minor child your parent can file a petition in court to claim her mother's share to her.your nice along with her maintenance expenditure, Education, future marriage expenses etc for her proper upkeep,litigation costs etc. I'm sure armed with all this evidence and title deeds of property standing in your sister's name, you can get both custody of th child as her guardian and also get your sister's property along with the above expenses from your brother in law. This is the best way to safeguard your niece's interests. Good Luck!
ksreddy
(Querist) 27 September 2013
Dear madame,
Thanks a lot for the same. But my sister was quite sensible and dint write a suicide note as it would impact her childs future and leave a black mark on her future. So I dont know how to prove the same.
Regards
Srikanth reddy
Raj Kumar Makkad
(Expert) 27 September 2013
If suicide note was left by your sister, it shall be very difficult for you to prove the actual reason of her death and thus it shall be very difficult to get the custody of the children of your sister.
Raj Kumar Makkad
(Expert) 27 September 2013
If suicide note was left by your sister, it shall be very difficult for you to prove the actual reason of her death and thus it shall be very difficult to get the custody of the children of your sister.
ksreddy
(Querist) 27 September 2013
Dear sir,
Thanks for the same. We are even ok with visitation etc.
Please advise how to secure the property of hers and if my mother would have any rights
Ms.Nirmala P.Rao
(Expert) 27 September 2013
Dear Client,
If suicide note was there proving your brother in laws sadistic nature,harassment etc,it'd have helped you in establishing his culpability in your sister's suicide as well as securing her custody and guardianship along with claiming her mother's property and other expenses. You can file even a criminal case under Section 306 of IPC against your sister's husband and in laws on the ground of abetment of suicide .Do as advised by me above.-That means you don't want to take responsibility of your niece. Unless, you apply for guardianship and custody of the child as per law you cannot secure the child's future with such kind of her in laws. Your brother in law may get married again and both he and his future wife may ill treat your niece. Think wisely and act. Leaving a Suicide note is clever and not leaving it is stupid and insensible.
Rajendra K Goyal
(Expert) 28 September 2013
Well advised by the experts, nothing more to add.
