Rights of mother Vs daughter in law in husband's family Income
2 years ago
My Aunty is a widow ,she was having two sons , one was unmarried and expired in an railway accident, another son got married 3 years back and got expired last year in COVID ( after 3 years of marriage). We supporting aunty from may years as she became widow when her kids were small, we also supported her for job of her younger son and his marriage. My auntys daughter in law was pregnant when her younger son expired so she took my aunt along with her to her mother's place saying that both will leave together there, after going to her mother's place she aborted her child saying that it was dead, ( she was 3&1/2 month pregnant) . Then she came to their house at Mumbai and took all originals documents of her husband, ration card, property documents , scooty which was on her husband's name and all other valuable assets like his laptop, gold along with her. Through net banking she withdrawn all investments of her husband. She is saying that she put fd in bank with her name and her mother in law is nominee their... After she aborted her child , my aunty felt uncomfortable there so she went to her sister's place. Here I want to mention that my aunty is 62 years old, she is handicap from birth, her right hand is not moving so she needs help of any one to do her activities... Now few days back we came to know that their Building at Mumbai is going for redevelopment, for which we need the documents of property, since she use to visit my aunt's brother in law's place we told her to carry all original documents with her and gold of my aunty, she brought half gold which was of my aunty, all gold of her, her husband & gold received in a gift she kept with her also she has not bring the original documents and was avoiding our request of original documents.... now here since the building was going for redevelopment builder told her to vacant her house, we consulted brother in law of aunty where to shift the her house holds , they told us you ask her ( my aunty) that where does she wants to stay if she is comfortable in staying with her sister you can shift her house hold items there.. then we took one room on rent near her sister to keep her house holds. When her daughter in law came to know about this she abused us over a call and told us who said you to touch her articles... Also we told her to bring all originals and you can take your articles , but she is not ready to listen and asking us to come to her mother's place to collect the documents, aunty's brother in law's supports us but no one is ready to go to her daughter in law's place to collect the documents.. now they are calling us and saying that they wants their articles otherwise they will do police complain against us... Request your help us to understand whether my aunty can take any action against her ,can it be happen without going to court as she is already disturbed with her son's death and we don't want her to take more tensions..
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
As per the facts which have been provided, your aunt can file a suit against her daughter in law.
Hope this clarifies your query and requirement.
Thank you.