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Q. My brother’s his wife harassing my parents for ancestor property what precautionary legal action taken against her without harming her and to ensure my parents safety in future.

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Jay K

posted 6 months ago

Q.My brother’s his wife harassing my parents for ancestor property what precautionary legal action tak...
Hi,

I need to know what precautionary legal action can be taken against my brother’s wife without harming her to avoid any future serious problems in future . As my brother’s wife harassing my parents for the ancestor property and my father is getting sick because of this day to day mental torcher she is threatening my parents saying she will file case against my parents of Dowry which my parents never asked for and nor my parents harassed her (which is misusing the law) . Kindly suggest what can be done in this case as my father don’t have any money left with him and the ancestor property is only asset for him in the future which is yet to transfer to my father after my grandfather death. Kindly suggest what precautionary legal action we can take my brother’s wife without harming her to ensure safety of my parents in future . Even she is not in control of my brother she is just harassing my parents and my brother physically and mentally. Now she have one daughter also.

We are worried a lot

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
Wife or Daughter-in-law has no share in ancestral property. First be clarified whether the said property actually coming from four generation to say that it is a ancestral property, if not deny her/your brother’s share as your father is alive.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 6 months ago

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A. ) Dear client,
You simply file a Complaint case for Domestic Violence against her for torturing her In Laws for all about.
Thanks

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Dear Jay k,
Your mother can file a complain at the nearest police station against your sister-in law. The police will look after it. Else your mother can also file a case of domestic violence against your sister-in-law .
Thanks.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) Sir firstly she cannot claim anything out of the ancestral property.
As for your legal help

1. File an informatary petition in the civil court
2. Lodge a complain case in the local P.S. against your brothers wife by your brother and parents for mental torture and false allegations.
3. File a case of Domestic Violence u/s 12 of the PWDV Act making your parents a party against your brothers wife.
Thanks
Shreyash Mohta

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 6 months ago

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A. ) She can't claim on anccetral property. She will claim only on self acquired properties.

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BIR ABHIMANYU KUMAR

Experience: 3 Year(s)

Responded 6 months ago

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A. ) First option is you can file in infomatory pettition in Civil Court and second option is you can file against your brother's wife Domestic Violence Act through your parents and third option is you can file complaint case against your brother's wife through her husband and fourth option is all above suit mayfile against your brother's wife if you find any problem then you contact me

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