My wife lodged false 498a gainst me and my father who is of 70 years age. she is now living with her father. Recently My mother died and my mother was the owner of our family house. Now after her death it is only my dad and me and my elder brother who is an Australian citizen with OCI card and married to an australian wife. They Both live in Australia. Now after my mother's death who will be the owner of our house? Is it my father or my father and we two brothers? Now my question is can my wife claim on our family house? if so what can we do so that we can save our house? my brothers wife tried to speak with her over phone from Australia to convince her to come back to me. Can my wife file any case against my Brothers wife who is an australian citizen, just because she tried to call her from overseas? Is it possible for my father to get quashing from this case? Please help me.
On demise of mother your father you and your brother are the legal heirs of property
2) wife has no share in property standing in your name
3) wife can file false case against you , your brother wife abd other family members
4) quashing is to be done only in exceptional circumstances
1.on death of your mother the proeprty owned by you it will be equally divided among you ,your father and brother.In other words all of you have undivided 1/3rd share in it.
2.Though your wife has no share in the proeprty she can encumber it by way of filing a case under PWDV Act.She has a right of residence therein.
3. Since her such right comes through only you can transfer your 1/3rd share in favour of your father or brother so she loose any right over it.
4.If you show the FIR /CS then I can advise further on quashing.
Feel free to contact.
1. On the demise of your mother her house devolved on her husband and children equally. Your share is 1/3rd in the property.
2. Your wife has no share in the house, so she can claim nothing.
3. Unless the FIR is perused threadbare I cannot speak on the prospects of a petition for FIR quashing.
4. She may file a case even against your brother's wife as the tendency is to array as many members of husband's family as possible.
--Your mother's property will devolve upon your father, you and your brother in equal proportions, upon her death.
-- Your wife cannot stake a claim upon this property; however, she may cite this possessions of your's before the Court at the time of seeking maintenance and/or alimony.
--She will in no way be able to implicate your sister-in-law.
1. Since the the title of your family house stood in the name of your mother who dies intestate, the said property will be equally owned by your father, yourself and your brother as per Hindu Succession Act.
2. As per Indian law, wife has no claim on her husband's self earned or inherited properties during his life time but can claim maintenance.
3. If you die intestate without getting a decree of divorce, she can claim your share of your mother's property since she stands as your sole legal heir as of now (without reported to have any children).
4. If your wife files any suit/case against your sister in law just for making a phone call from Australia, the said suit/case will have no legal leg to stand.
5. Has charge sheet been filed by the police in connection with the said FIR u/s498A filed by your wife. If yes, then your father can file a quash petition before the High Court picking out loopholes in the said FIR.
6. Ordinarily, no High Court entertains quash petition unless charge sheet is filed by the police against the FIR prayed to be quashed.
She has already filed a criminal complaint against you both, hence it will not be possible for her to include your sister in law in this case.
The house property left behind by your mother shall devolve on all her legal heirs consisting your father, yourself and your brother.
She cannot claim any share in the property as a right especially during your lifetime.
the police will not generally register and complaint against the person living in Australia since there has been no physical contact between the same.
The property in your mother's name and she died intestate, the property will devolve upon her legal heirs i.e, yourself, your brother and your father alone.
She can claim a right over the asset inherited by you but the court as a general practice do not give a share in the property to the husband/ wife.
Regards
