1) call upon in laws to return your jewellery and bike
2)if they refuse file police complaint under section 406 of IPC for criminal breach of trust against in laws
Ownership of vehicle and jewellery
My husband's death occured last year.. but still my husband's car, my Activa , n my jewellery are in custody of my in-laws. I am having with my one year old baby girl. what can be done in this case
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
what can be done to get my husband's car? is there any alternative other than to file a case?
Asked 6 years ago
1. on death of your husband's property devolves upon his legal heirs which include his widow, children and mother.
2.So in this case your mother in law is 1/3rd owner of his assets while 2/3 lies with you and the son.
3. Now of they are not parting with your due sahre you can file civil suit for partition.
4. if the dispute can not be resolved amicably then lodge complaint with police u/s 406 IPC.
Issue legal notice to in laws to seek return of your stridhan no car
2) if they refuse to return your stridhan then file police complaint
You can sleep for local police help or it is better that you go to women cell.. If it does not help they you have to approach famiy court
1. you should file a civil suit for recovery of stridhan and all self acquired property of your husband.
2. if your in-laws misappropriate these articles then you have right to file FIR for the offence punishable u/s 406 IPC.
3. if you don't want to file civil suit, you can file an application under section 145 crpc before the collector for transfer of your stridhan.
1. Send a lawyer's notice initially to them if you do not wish to directly file the criminal case.
2. If your valuables are not returned even after the notice then file a complaint for breach of trust under section 406 IPC/
The properties left behind by your husband shall devolve equally on all his legal heirs.
You can issue a notice demanding your legitimate shares from them by issuing a legal notice after which you can approach court for same relief
If they do not cooperate or respond properly then you have no other alternative than approaching court
You have full right to claim for the same. You would need to prices the case in specific steps. Please contactus for further proceedings.
RegardS
Advocate Sapna Seth
