Prem Kumar M S (faculty) 03 December 2013
Hello.
Im the govt servant.my elder brothr married and living seperately.he died a year back leaving his wife ,no childrens.few days back my mother too expired.there are claims from my mother since she too govt employee like gratuty.As per law my brothers wife not entitled for my mothers claims.and as i said she is not living with us.now she is asking through his lawyer to give money otherwise she will file 498 a on me. so what i can do now.
Adv. Chandrasekhar (Advocate) 03 December 2013
I strongly decry the threat of filing S.498 A by your SIL and it shows the incompetence of her advocate and lack of knowledge about that particular section. If she files S. 498 A, the case does not stand on its legs. So do not worry. But, who said to you that she does not have legal rights in the gratuity amount of her MIL as a widow of her predeceased son. In my view, she does have right and she can enforce it by filing a suit under Indian Succession Act.
Prem Kumar M S (faculty) 03 December 2013
Thank u sir,
As per HSA section 15 (A) she is not entitles-what my lawyer opined.she is issueles. and please enlighten me on 498 A. can i counter file a case on her in case she file 498
Ranee....... (NA) 03 December 2013
Adv. Chandrasekhar (Advocate) 03 December 2013
If she files S. 498 A, depending on the facts of the case, go for quashing under section 482 cr.p.c. before high court. before that send a legal notice to that lady through your advocate referrring to her illegal threats of launching s. 498 A prosecution, which would be helpful for you to get FIR quashed. In respect of her right in MIL's property, literal interpretation of S.15 (1)(a) does not mention a widow DIL, but the word "including" provides for her ample opportunity to seek claim and if her advocate is adroit, the matter may snowball till S.C. and create a precedent in Hindu Succession Act.
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