Sister in law threatening us to not to file case for property
03-Jan-2023 (In Property Law)
Our family house in in my late father's name. My parents and brother expired. brother's wife left him quarreling 29 years back (i.e. just 1 year after their marriage) she is having a daughter, who is married family. No family connection and no intimation of marriage to my brother. 2 months back my brother died and on hearing the news his wife came to my house with his rowdy brother and taken away all the household items including my brother's scooter. She threatening me to file legal case if I claim any rights of the House which is still in my father's Name. I am poor kindly adivse.
Therefore the property now devolves equally on all his legal heirs/successors.
The legal heirs include the legal heirs of the deceased legal heir.
Therefore your sister in law who has not been divorced by a court of law is still considered to be wife of your deceased husband i.e., she attains the status of widow to her husband which means she becomes his legal heir.
Thus, she is entitled to the share of property that belonged to your deceased brother.
In my opinion, you may talk to her for an amicable partition or file a partition suit to claim your share in the property.
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.
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