LawRato

In laws harassing sister after husband's death and not giving property


16-Nov-2023 (In Family Law)
Hi my brother in law passed away on 17th Oct 2016, after that i bring my sister with us, Her in laws were not in a favour of sending her, they wanted my sister to live in the ancestor village for 1year giving an excuse of some rituals, but my sister situation was not good mentally as well as physically because her in laws pressuring her for money and all a lot so just to give her a family environment we bring her with us. Now her in laws has created some problem they not giving death certificate and my sister all ID proof, we need all the document to take out my brother in law gratuity money and PF money from the company in which he worked for alomost 15years, without death certificate we can't draw that money, in the past when my brother in law was alive his Elder brother tried to beat and threaten my sister also, because of all this my family didn't left my sister with her in laws,now they not giving her share in the property also, please suggest some legal advice on it.
Answers (5)

Answer #1
728 votes
After the death of the husband his wife is the beneficiary of all his movable and immovable property. If her in laws are not giving her the death certificate of her husband then she can file a police complaint against them. she can also take her share in the ancestral property after the death of her husband .
Answer #2
704 votes
Dear Client,
you can easily get the death certificate through your sister, from concerned registrar office. i advise you to first of all get death certificate and then get Gratuity, PF and any other amount. your sister can also file suit for transferring property in her name as per share.

for further information/assistance you can call/meet me.

Regards,
Answer #3
870 votes
Your sister can resort to domestic protection action in the competent court to get all the reliefs you have mentioned. The court can get retrieved all the documents needed to press her rights to the property left by her husband. She can also get reliefs from civil court as well. No family member of her husband can deny her rights as a lawfully wedded wife and her children can also get their rights as legal heirs.
Answer #4
677 votes
hi,
you still have all right over every property of your husband and you claim maintenance under hindu adoption and maintenance act, and for demanding your documents and action against harrassment you can file a police complaint against them.
Answer #5
985 votes
You can definitly file a criminal petition to get back your documents and the death certificate can be sought in the same petition. Also you can get retraining order against the in laws in case they are troubling your sister. This case is not very complicated and the outcome is very positive. You can contact me for further discussion.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."