Dowry case
Irshad
(Querist) 26 November 2013
This query is : Resolved
Hi ,
My father is a senior citizen and owns property ( house) . He has two sons and one of the son died 10 yrs back due to accident . Daughter in law ( brothers wife) was staying with her mother for past 10 yrs , now she started visiting my parents home and wants share in property.
and she is threatening of filing dowry case against my father and family..
Pls advice wat can be done and precautions to be taken.
Thanks in Advance...
adv. rajeev ( rajoo )
(Expert) 26 November 2013
First you collect the record of staying at her mother's house.
She is entittle for the share in the share of her deceased husband. She can ask her share thru., her son/daughter.
Irshad
(Querist) 26 November 2013
Property is not ancestral nor my brothers . My father has constructed by taking loan.. so does she get share in father in laws property ..pls explain and also abt the dowry case she is threating to file...
V R SHROFF
(Expert) 26 November 2013
she may claim residence under DV Act.
As property self aquired, FIL living, cannot claim it now.
Irshad
(Querist) 26 November 2013
what needs to be done as the complainent is threatening with fake dowry case and she is staying with her mother for past 8 yrs
Devajyoti Barman
(Expert) 27 November 2013
no , she can not. Do not succumb to any pressure.
Ms.Nirmala P.Rao
(Expert) 27 November 2013
In case dowry is exchanged etc take anticipatory bail from a criminal court.Yes! She can claim her late husband's share in the property in lieu of her maintenance etc and also may file for return of her dowry and Stridhan etc if any. If you wish to thank me for this reply please click the thank you button oln my profile.
malipeddi jaggarao
(Expert) 27 November 2013
If it is the self-acquired property of your father it is for him to decide how to dispose-off the property. However, since his deceased son left the widow and children, he can definitely consider to protect their interest by giving away something to them but not because of the threats of widow daughter-in-law. She can not do anything by filing dowry cases against your parents at this stage. It is very difficult for her to prove such allegations. Better show some love and affection to her and her children and settle the matter amicably, but under threats. Let your father make it very clear to her that she will not achieve anything by leashing threats.
Raj Kumar Makkad
(Expert) 27 November 2013
Your parents nee to get stay order from the civil court against entry of your sister in law in their house as she has got no right in that property being self acquired and she has no right to get partition of any property of your parents.
The question of demand of dowry do not arise at this stage.
Rajendra K Goyal
(Expert) 27 November 2013
Well advised by the experts, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 27 November 2013
Her complaint for dowry demand will not be entertained by the police especially after 10 years of death of her husband and she also will be in the knowledge of it, so do not worry about this. She can file a maintenance case against her father in law if she states that she has no source of income to support herself and her children because all of them belong to that house and that way she can claim a share in the property in lieu of one time settlement of alimony amount.
Irshad
(Querist) 28 November 2013
Thanks for ur valuable info..
