rahul jain (student) 24 August 2015

Wife can claim my brothers property? And how to quashed false fir 498a ?

Respected expert members ,

i would like to share my story with you all from the beggining of this incident and expect some valuable guideline from all senior members your answer some time means a lot so please respond .

we are leave in happy joint family my elder brother marry a gal who live in another city but in the same state . everything was going perfecty fine(marrige life 1.5 year only ) . one day she was get involved in OBSTINACYwith my mother (her mother in law ) the incident was she was saying i want to go my home right now and my mother give her option that we will drop you in the mid way of our tour but she was get angry and in this small matter she went to her bed room and drink toilet cleaner then we take her to hospital and then she got stable condition after 1 week then IO and executive megistrate came and take her statment in that all statment she said this is my mistake i drink it on my behalf no one force when executive magistrate and io ask her" would you like to take action aginst any one " she said " NO " then every thing gone perfect this case finished and she came after 1.5 months treatment and the cost of this treatment went in laksh and she got treatment from 3 hospital , she take food from food pipe .

now the main part of the story begins

after 2 weeks her father came and take her to his home and we also not react on it we thought she will feel better once she will feel better once she around the relative so we let her go without any objection now the problem is when we sent her she have good medical condition and stable health but after some time she got some problem and again she got admitted by her father at their place she got operation so we go there to see her but her father insult us and abuse language so we came back .

after 2 months we find the news paper where she said wrong things against my family and launch FIR in 498A etc section on 5 member of my family , me ,my wife. my bro , my parents then we got 41 crpc notice from local io and we applied for AB then got order that io has to follow arnesh umar judgment . (Chargesheet still pending )

now before few days her brother call me and saying that my sister getting bore so she want to complete her study so can you please handover the education certificate to my friend who will come at your home . so we give them all with video recording and sign of that person it means she is good and health as me and you .

now my question is :

i have found many diffrences in both statment ( statment which is taken in hospital and lateral FIR )

my question is

1. How can i quash the FIR ?

2. Is she entitiled to get share in my brothers property ?

3. How can we save our property and money ?

4. How to save ourself from this false alligations .?

5. what further precuation we can take ?

6. what next step she will take aginst us .?

7. how to get divorce .?

Reply Follow

17 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 24 August 2015

UR wife does not have any right over brother's property whether it is anscestral or self earned.

rahul jain (student) 24 August 2015

Sir its not about my wife its abt my brothers wife .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 August 2015

There are many HC and SC judgment available where HC and SC is in the view that attempt to commit suicide or threatening to commit suicide may not be prosecuted u/s 498A IPC. Please google it up and download them.

1. How can i quash the FIR?

Quashing is not easy. Apply quashing with speedy trial in-person (Without Advocate). Please see my links below for details.

2. Is she entitled to get share in my brother’s property?

No. She can only claim residential rights in her matrimonial home only and maintenance. Nothing else. That can be reduced. Please see my posts carefully.

3. How can we save our property and money?

As said, She can’t claim your or brother’s property.

4. How to save our self from this false allegations?

Read FIR again and again and find out all contradictory points and collect all evidences that you have. File perjury in the same court where 498A is going on during your speedy trial.

5. What further precaution we can take?

Perjury and defamation is a very good counter case.

6. What next step she will take against us?

She may file maintenance case. Please read my posts carefully and become ready to chase it.

7. How to get divorce?

Your brother can obtain divorce on cruelty and desertion ground after acquittal from 498A.

Please don’t file divorce and don’t go for any mutual settlement until you get 498A dispose of.

Lawyers will always mislead your brother here to extort money however you need to be bold enough.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

SAINATH DEVALLA (LEGAL CONSULTANT) 24 August 2015

So U R representing UR brother in the query.

Quashing of FIR in 498cases is very seldom fruitful and U have to fight it on merits in the lower court itself.

She will be entitled for a claim on her husbands self earned or ancestral property.

First fight the case and then think of divorce.

Engage a good competent lawyer

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 August 2015

Originally posted by : SAINATH DEVALLA
	She will be entitled for a claim on her husbands self earned or ancestral property.

This is wrong statement. She can only claim residential rights in her matrimonial home (Not any other property if she files domestic violence (DV) within 1 year from her desertion) and maintenance from husbands current earning only. Nothing else. She can't claim any ancestral property.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 August 2015

It will be the share in the property of husband as the court decides taking into account his other financial liabilities and that too in case the divorce is being taken on the ground of irretrievably broken down marriage and if the wife has a strong case of financial hardship in case of divorce being allowed.

No where the author has mentioned that divorce is already applied.He has only mentioned how to get divorce?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 August 2015

In Section 25 of Hindu Marriage Act or Section 37 of Special Marriage Act it is not clear how alimony will be awarded. In Section 25 of HMA even husband also can claim alimony. These are only applicable if an application is made during the decree of divorce. No execution for these orders.

If Cruelty & desertion are proved then no alimony will be awarded.

rahul jain (student) 25 August 2015

First of all thank you very much you all of you atleast there are bundel of people who doing great jobs ....

salute to all ...

Mr Rocky Smith ,

Can you please suggest me the book or the legal statment where they have mention that "she is not entitled to get share in my brother’s property and She can only claim residential rights in her matrimonial home only " sorry becuase i have to show it to the lawyer as i face many lawyer and people who saying she will ask her 50% share in your brother property when i said the same word which you comment they ask me to present a legal proof for the same ...

so please let me know the book or anything which is valid in court ...

rahul jain (student) 25 August 2015

As per your expert advice i decide to go for HC in person to quash this false 498a but can you please tell me what kind of evidence i have to show i means what evidence i can show to prove that this is false fir / false 498a in HC ..?

awaiting for valuable reply ....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 26 August 2015

Sorry for late reply. You can follow Hindu Marriage Act, Special Marriage Act, Domestic Violence Act, and Indian Evidence Act. You can download it from google in PDF format.

You can show whether prima facie (primary factors) falls in said cruelty in 498A and other IPCs or not.

You can show circumstantial evidence with copy annexed with you petition. You need to show them in a tabular form (Synopsys). Sample petitions available in my links.

Thanks for showing your courage.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 26 August 2015

Also check that what type of circumstantial evidences (Sec 3 of Indian Evidence Act.) has been collected by the police to take cognizance? Is this valid as per sec 80 of Indian evidence Act (Signed by witness?). If not then claim that police is biased and did not investigate properly.

rahul jain (student) 10 September 2015

Respected Members ,

Please sugggest me how could we save our property from my broter's wife as i still not get any solution in this.... some says do gift to your mother or take as gift from your brother but after all this will consider in court that we did it intentionally to demage her right which can be create negative point in the courts aginst us so please share a way where i can save our hard earn money.

senior members please show me the way and guide me further .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 September 2015

First apply for speedy trial and get the order and update me.

rahul jain (student) 30 September 2015

Dear Exterts ,

I have some problem hope you will guide me as you did before ...

Now since FIR done IO is just doing investigation fir was sought in April 2015 and till date no action has been taken by the IO on 18/9/2015 io give 41 cr pc notice to us to come at police station but when we go there the just create drama that "we are busy today we will grant you regular bail dont worry but today we have to go due to the some work and she said we will call you for this later " then i call io and his staff to ask the date but till date 30/9/2015 but no response has been came from them now i am cofused what i suppose to do now .??

Chargsheet not filled yet .

please help me in this .