My sister is died.we need her child custody

695 votes

I am sorry for your loss. Legally, you have remedies both for the custody of your sister’s 3-year-old daughter and for recovery of the 40 sovereigns of gold that were given as dowry. For custody, a petition can be filed under the Guardians and Wards Act seeking to appoint your father (maternal grandfather) as the child’s guardian, as the law gives priority to the welfare of the child over the rights of the father if neglect or ill-treatment is proven. For the jewellery, since it is legally your sister’s “stridhan”, now belonging to her daughter, you can file a police complaint under Section 406 of the Bharatiya Nyaya Sanhita (BNS) for criminal breach of trust if the husband or in-laws refuse to return it. If you have suspicion about the cause of death, you may also give a written complaint requesting re-investigation or inquiry under Section 174 CrPC. You may pursue these remedies simultaneously through Family Court and Police or through Hon'ble Court, as both custody and recovery of property are legally enforceable.

LawRato LawRato

773 votes

Dear Client, 1. Yes, it’s possible. Your father can file a guardianship and custody petition under the Guardian and Wards Act, 1890 before the District Court for the child’s custody and protection. You can also lodge a police complaint for dowry recovery (40 sovereigns) and, if you suspect foul play, seek a re-investigation into your sister’s death. 2. Consult an advocate to discuss your case in brief. 3. You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore

Advocate Priyanka LawRato