myself sumit thakur, my brother is suffering from a family dispute of his wife, she was pregnant around 3 month but due some infection n all she got miss carriage but after all this miss-happening there family(my bhabhi family) is blaming us that u r the culprit of this miss-happening n they r trying to make a issue of it. so our family has decided to take step forward or a advance to remove brother from our property to be on a safe side so that they cnt claim for it. Is this a right decision.
Asked in Family Law from New Delhi, Delhi
1) who is the owner of house wherein your brother is staying with his wife ?
2) if house is owned by parents they can ask your brother to stay separate with his wife in rented flat
3) your father can execute will bequeathing his property to your mother and you
The owner of the property is at liberty to evict your brother and his wife from the property but this will not make you immune from a criminal prosecution on her complaint as it is a common tendency to name all or as many members of husband's family as accused in the complaint.
Dear Mr Thakur, As long as there is no case that has already been filed against the family, you can go ahead and issue a public notice through newspaper .
First thing you should be aware that your sister in law by any means has no rights or share in your brother's property or your parents property.
Whether or not this will not be reason for her to file or not to file a criminal complaint against him or his close relatives.
You people have to take precautionary steps to overcome her false complaint by obtaining anticipatory bail if at all she decides to approach police to take revenge against you people with false complaints.
plzz reply me fast
You should not remove your brother's name from the property if his name is already there in it. This can be considered as an illegal act and deprivation of his rights to property.Just removing his name from the property will not protect him from getting booked under her false criminal complaints, hence prepare to face her properly as per law to counter her claims.
This is not a right decision in some extent. Money and property is not leading a healthy and peaceful family. Settle the matter amicably and sort out the issues and misunderstandings in each family, if your brother wants to continue the relationship. Please relaise that family contains different persons and have different opinions in every matter. May be a new born baby comes to you home may sort out the issues.
In the legal sense.
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956).Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure, 1973 (2 of 1974), right of maintenance extends not only to the wife and dependent children, but also to indigent parents and divorced wives.
But she can't claim over the property of Father in law or mother in law.
You have not mentioned on whose name the property is registered. Is it registered on name of your father or mother. If it is registered on your father name, whether it is self acquired or ancestral. After clarifying the above doubts, I can answer your query.
1. What action your bhabi's family has taken or threatened to take against you for the said miscarriage?
2. You should guard yourself against thiose criminal actions which may be taken against you,
3. Your brother and/or bhabi is not entitled to claim any share of your father's property till he is alive,
4. Your father can execute and register a gift deed or will in favour of all of you leaving your said brother to bar him from claiming your father's property.
1. If there is any threat to take police action against you, then you should audio/video record all such threats given by her or her family,
2. You should then lodge a police complaint alleging the above threats of lodging false complaint against you by your bhabi or her family members.
your parent should publish a public notice and immediately disown your brother and his wife. and also file a case before the high court for seeking protection order that your brother or his wife may file any false case against us.
it is purely on paper and ostensive but you should give moral support to your brother. disownment can be revoked aby time by the parents either by publishing notice or order from the court.