• what right does a widow have in the property of her husband

my husband passed away after one month of my marriage.my inlaws disowned me and threw me out of their house after beating and abusing me the next day.all my belongings are also lying with them.what are the legal procedure i should adopt to get back my belongings and what are my legal rights.kindly advice me.also i would like to mention that as not even a month passed and my husband died,we do not have any idea,nor do we have any documents related to their property.what should i do.
                          my inlaws have also taken the amount of life insurance of my husband,without my consent.kindly suggest at the earliest and oblige.
Asked in Property Law from Panipat, Haryana
1. Engage a tax consultant to get his IT returns information.
2. File a case before the consumer forum for disbursing the whole amount in favour of other legal heirs depriving others.
3. File a case u/s 498A, 406 IPC as well as under PWDV Act to  get back your streedhan and other shares in property.
4. You can file suit for partition as well if your husband has left any immovable assets.
Devajyoti Barman
Advocate, Kolkata
7314 Answers
84 Consultations

4.9 on 5.0

Try to find out if there are any assets owned by your husband & in-laws through relatives & friends and file suit for partition in respect of those assets. Copy of your husband's IT returns can be obtained by visiting the jurisdictional Income Tax Dept or your husband's employer.  You can also take the help of a tax consultant for this.
Give a notice to your in-laws through a lawyer to get back your articles lying in your matrimonial home, as also to move further by filing a case U/s.498A, 406 IPC. You are entitled to stay in your matrimonial home and in the alternative your in-laws have to provide you with accommodation elsewhere.
Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

5.0 on 5.0

1) you should engage a detective agency and get all information about your husband income , assets .

2) you can file complaint against your in laws under 498A read with section 406 of IPc for return of your streedhan . 

3) if your husband had any immoveable property in his name you are one of the legal heirs and entitled to share in said property . file suit for partition to claim your share 

4)you are also entitled to proceeds of life insurance policy of you r husband . if after notice your in laws refuse to pay you your share you can move court for necessary reliefs
Ajay Sethi
Advocate, Mumbai
28603 Answers
1552 Consultations

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1. Send a well drafted complaint u/s498A & 406 to your local police station under copy to the S.P. by speed post,

2. If police fails to take any action, file a petition before the Court u/s 156(3) praying for direction upon the police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
310 Consultations

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