1) on demise of your husband you would be granted custody of the child

2) at most your in laws would get visitation rights

3) welfare of child is paramount consideration

4)request your in laws to return your educational certificates

5) if they refuse file police complaint under section 406 of IPC for criminal breach of trust

6)take search in sub registrar office for recent sale of land

7) issue legal notice to in laws seek your share in said sale proceeds

1. If a suit for custody/ cisitation rights has been filed by them you may easily contest the same on the basis of the factual grounds told by you in the problem, also you being the natural guardian have all the right to keep the custody of the child. If court proceeds to give visitation right you may challenge that part of the order in the High Court.

2. You will have to file a covil suit seeking specific direction from the court wherein the court will direct your in laws to do a specific act of giving you the money.

3. If they are not returning your belongings, you may register an FIR against them.

Regards

1. Mere apprehension is not enough. Unless and until there is history of physical violence of the father to the child do not deprive the fher to meet the child who need both of you.

2. Since the child is infant there is no immediate danger to the custody of the child. Even of your husband files custody case it is unlikely to be allowed in his favour.

3. If you were the owner of the proeprty and it is sold you can file suit to get back the sale consideration.if it is not sold as yet then immediately revoke the GPA after which the attorney can not represent you anymore.After revoking the GS make a paper publication also

4. File a case u/s 406 IPC to get back the papers.

Hi, you can challenge the visitation order in the high court .. However it will be difficult to proove that they are medically suffering from such chronic deseaae and that it was the reason of your husband suicide . It is advisable to accompany your son when they come for visitation of your son .. If you have any medical proof establishing their medical condition we have a chance to challenge the order .. 2) for the share of property which belonged to your husband you can file a suit for declaration and permanent injuction ..you can obtain a stay order so that your in laws do not get excess to the monetary assets of your husband

The child custody case filed by them with visitation rights is not maintainable.

If there was any right towards the child from their family it vested only with your deceased husband and not on his parents.

Since your husband died before the dissolution of marriage, now you are not a divorcee but his widow, hence you have rights in his property and your minor son also have equal share in your deceased husband's properties.

You can strongly protest their petition seeking custody and visitation rights in the court, the court will give a verdict in your favor since their claim is not maintainable.

2. Since the divorce did not happen, the conditions therein cannot be enforceable, moreover they are just grandparents, while the biological mother of the child is alive, they can be termed as others, hence others cannot have a claim as a right in this regard.

3. This money belongs to yo and to yor minor son also, your father in law cannot cheat the money belonging to the minor child.

You may issue a legal notice and file a money recovery suit agaisnt him

4. You lodge a police complaint and with the help of police you search their house property and retrieve your certificates.

Dear Concerned,

a. Your Parents in law will not get the custody of your son - any visitation rights may also be objected for if they are demanding - given their behavior.

b. Need not to worry at all your in laws can not get custody

c. This need to be checked as how your father in law sold a property in your name even if he had a GPA ..... The money should have come to you - this need to be discussed - as you can file criminal and civil proceedings for this money .

d. you need to send a letter to them requesting for the documents , followed by a complaint to the local police. ALTERNATIVELY- you have the right to enter the house where your husband stayed - you may choose to go to your inlaws place with 4-5 relatives of yours and check the place where you kept your documents - else ask your in law to give the documents.

Best of luck

Dear Querist

My opinion on your queries are as under:-

1.how should i avoid their intrim visitation and permanent visitation becuse i fear of their behaviour of anger,agression,irritation and diferrent thinking to the others which is a mental problem can effect sefty of my son,health .

Opinion:- Immediately file a criminal complaint against them before the criminal court Under Section 12 of the Protection of Women From Domestic Violence Act-2005 and claim, protection, right to residence, child custody and compensation as per section 18,19,21 & 22 of the Act-2005.

2.how should i avoid custody since i gave my consent to my husband.not my in laws.

Opinion:- they will not get the custody order as you filed the domestic violence case against them, even the court passed an order against them and restrain them to visit you or your son by any means except the Court Order.

3. what should i do to know about the money of my husband money my father in law got from the sale of land in my name.

Opinion:- Claim all thing in your domestic violence case.

4.all my education certificate and research work other papers are with them how i can get back.

Opinion:- the magistrate have power to passed direction/order to them to hand over your documents to you.

Feel Free to Call

1. You could avoid the interim visitation rights and their claim of custody only by way of strongly defending the case file by them. Apprise the Court of their evil side and try to convince the Court that the welfare of the child would be heavily jeopardised if their claim is allowed.

2.same as 1.

3. Seek to recover it through a legal notice.

4. Register a Police Complaint for all your original important documents have been confiscated by your in-laws and they aren't ready to release the same . They are liable to be booked under 406 IPC.

1. You have rightly understood the law, hence you may have to go by the provisions of law in this regard.

2. By sub-section (1) of section 12, the Court is authorised to direct a person who has the custody of the minor but has not yet been appointed guardian to produce the minor in Court;

If the Court has power under section 12 of the Act for the grant of temporary custody during the pendency of the proceedings it will have power as well to modify or vary that order if the circumstances so demand;

3. The Court may direct that the person if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.

If the minor is a female who ought not to be compelled to appear in public, the claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or

Any person to whom the temporary custody and protection of the property if a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property

12. Power to make interlocutory order for production of minor and interim protection of person and property.—

(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.

2) court can direct you to produce minor

3) you can seek orders for protection of minor share in property

yes u/s 12 you can ask to produce the property of your son.

Also the first point as stated by you is maintainable.

yes the court can ask an unappointed guardian to produce the person or the property.

Regards