• Harassment by autistic husband, father-in-law, mother-in-law

My marriage and done 16 years ago.I had 15years son.My husband had autistic spectrum disorder and cerebellar atrophy. I and my son had harassed by my husband mother in law, father in law and husband's sisters last 14 years.My husband is suspicious and drink alcohol every day and beating me.My husband attempt self poisoning suicide 2 times to threaten me.But he is safe 2 times.one month back again self poison and Diedafter this all family members hashed me and my son 7 days and through from that house.They had 30 crores property.I am house wife.Sir give me best solution.lmpotant notice:my own young sister was given to my husband's brother.
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) file domestic violence case against husband and in laws 

2) seek protection order against husband 

3) also seek alternative accommodation and maintenance 

4) you can also file 498A case against your husband and in laws 

5)discuss with your family members before taking action as your sister is also wedded to same family 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. After the demise of your husband most of your legal rights have also ceased to exist.

2. The only residual right now is the right to prosecute your in-laws for the physical torture suffered by you at their hands. In addition to this, you can claim monetary compensation for the abuse suffered by you.

3. You do not have any share in the property unless it is partly or entirely owned by your deceased husband. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The legal recourse will depend on how you want to see your marriage. If you want to put your marriage under stake then option are too many.
2. You can lodge complaint with police against the tortures out of which the police can initiate criminal case under section498a. 406 ipc.
3. FOr monthly  maintenance you can file case under pwdv act wherein you can seek against transfer of property of your husband.
4. Meet a local lawyer and ask him to act on this.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
You may claim right over your husband's property to the tune of his share in the property for yourself and for your son. 

You may file a case under Domestic Violence Act against your in laws under section 17, 18, 19, 20 and 22 of the Act. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
You and your minor son have rights to claim the share of the properties that belonged to your husband even if it was ancestral share meant for him.  
You can issue legal notice to your father in law who may be controlling the household affairs seeking partition and separate possession of the shares of you and your minor son, if he refuses you may approach civil court with a suit for partition and injunction restraining them from alienating the property to any third person till the disposal of the suit. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. You have not informed how and why you were married to the said disabled husband?

2. However, you should not lodge a police complaint u/s498A against your MIL and SIL for dowry harassment,

3. After that file a DV case cagainst them,

4. If your husband has any property, you, your son and your MIL are the joint owners of the same,

5. You can file a partition suit claiming the share of yours and yoyr son on the property of your husband,

6. You have nothing to do with the said Rs.30 Crores property unless your husband has any share in it.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you can take search in sub registrar office and obtain certified copy of property papers 

2) if you are aware of the location of the property you can obtain all the details of the property 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. You have to collect documents which can prove that on the date of his demise he owned property which is valued at 5 crores INR.

2. Once you succeed in collecting the documents you can claim his property as a legal heir.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You may first file a partition suit without mentioning the exact details and can plead that the details of the properties shall be produced later, let the summons be served on your matrimonial people, watch for the development, you will get some result which will be  the beginning for the proposed legal battle for getting justice. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Collect the balance sheet and Article and Memorandum of Association of the company where your husband was the director from the ROC,

2. Also engage a lawyer or detective agency to find out with evidence the details of the immoveable and moveable property of your husband,

3. On receipt of the details of the assets, you can lodge claim on those assets.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Okay in that case you claim in your suit that Rs. 5 crore property stands in his name and at least get a photo clicked of the said property and the name plate where his name is written as director of the company. You may get information on the company's website if at all there is one. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
1) on your husband death you your son and mother in laws are the legal heirs to his properties 

2) you must take search in registrar of companies office and obtain details of your husband shareholding in said company 

3) you can file suit for partition to claim your and your son share in property as legal heir of your husband 

4) obtain a stay order against your father in law disposing of assets of the company 

5) you cannot be blamed for your husband death as he had suicidal tendencies 

6) you should file 498a against your in laws for acts of cruelty 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. Send a legal notice to your In Laws demanding return/refund of all the amounts they have received from various sources on account of the death of your husband either as Nominees or otherwise, 

2.  You and your MIL are the joint owners of all such moveable and immoveable assets of your deceased husband,

3. Lodge a police complaint against your FIL for taking away your husband's LIC amount without passing it to you despite reciving the legal notice,

4. Write to the Bank and other organisations from where such payments have not yet nbeen colected stating that you are the legal heir of his asset which should not be passed on to any one,

5. If you do not get your share, file a Recovery Suit after collecting information about all the assets of your deceased husband,

6. Do not worry about their complaint accusing  you for being the cause of your husband's death,

7. The matter shall have to be investigated and proved which is impossible since it is impossible to prove that you are responsible for his committing suicide unless there is a written ote left by him.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) ask them to produce said letter for your inspection 

2) check whether it is signed by your deceased husband 

3) even if he had written such letter it has to be proved after investigations by police that you were guilty 

4) nominee is only trustee for legal heirs 

5) as legal heir you have share in the proceeds of bank deposits and lic policies 

6) don't bow down to threats 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
LIC Policy monies and bank deposits cannot be taken away by nominees.The nominees in  such cases are mere custodians of the money, they have to disburse the same to the legal heirs of the deceased after receiving it from the said organisations.  You can file a civil suit for recovery of the said money insofar as your share and your minor son's shares are concerned. 
If they are threatening, first issue them a legal notice warning them to restrain themselves from indulging in such illegal acts against you and  your interest after that you can proceed legally against them for recovering your share of property that was due to your deceased husband. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. A nominee holds the assets of the deceased in trust for the beneficiary i.e you and your children.

2. You and your children have succeeded to the movable and immovable assets of your deceased husband. 

3. You should obtain a Succession Certificate from the court to get the policies, FDR's and other movable assets of your husband.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Record all their threatening talks and mention in your suit. 


Regds, 

Adv. Payal


Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
1. What is written in the said letter of your deceased husband?

2. Why have they not presented it before the police which they were supposed to do legally?

3. You can very well challenge their said claim of having your deceased hisband's letter,

4. It appears that they are trying to stop you from caliming your right by falsly scaring you,

5. Nominees are not the title holders of owners. The are just the trustees who are supposed to distribute the said amount to the actual legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you should rely upon husband medical reports to prove that husband was suffering from
Number of illness that on account of said illness he committed suicide 

2) that husband parents have deliberately filed case to grab your late husband properties

3) move high court for quashing false FIR lodged by your in laws 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Somebody cannot lodge a complaint on such serious issues without any base or evidence.  It will not be possible for them to prove anything at this stage until and unless they have a fresh post mortem report done through a court order by digging out the body once again if it was buried and there are no chances if he dead body was cremated.  Their oral complaint without any evidence or base will not be entertained by police, you can always challenge if here is one with the  help of the supporting medical records of your deceased autistic husband.  In any event you should be alert because some greedy and culprit police officials for the consideration received may harass you without any reason to extract money from you too, you may take the help of a lawyer and get anticipatory bail first in the event of any FIR registered against you over the false and malicious complaint given against you. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Do not worry at all,

2. You will not be treated as responsible for your husband's death based on some one's complaint,

3. Has the FIR been lodged against you? If yes, what are the charges levelled against yoy?

4. If FIR has been lodged against you, take anticipatory bail first after which contest the case fittingly,

5. Relax. You do not have to worry for the said FIR. You are required to contest it with all your evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. What is the nature of the case filed against you? If it is a criminal charge then you should take bail immediately lest you are arrested. 

2. To get the assets of your husband you are free to file for succession certificate in the court. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0