Can the husband act on behalf of wife
My wife, who is undergoing psychiatry treatment for schizophrenia,is second in her home having one elder sister and a younger brother. Her parents died leaving some gold and two properties without executing WILL. Her only brother has made a relinquish deed and forced my wife to sign on it,which she is not willing. I objected stating that her family have deceitfully performed her marriage with me by not disclosing the facts about her health and all. The very reason left her barren, without any issues.
Though she is working and earning for her livelihood,it becomes very difficult to get her treated with her meager salary. I look after the household expenses and all. In this context, I claimed that the property of her parents should be allocated equally to the daughters too. But her brother refused my proposal and made a release deed and made her sign on the papers in the sub-registrar office,after a very big altercation taking place between me and her brother.
I just claimed for my wife's share in the property in the dialogue between us, but her brother has abused me using filthy language and bad words and warned me with dire consequences if she was not allowed to the sub-registrar's office for making signature. My wife who is under psychiatry treatment out out of panic went to the office and signed the document.
My wife says that he has made relinquishment deed for only one property and still another is left unsigned, but I don't believe her as she is not enough intelligent to find out whether the document was made for one property or for all. Her elder sister, who is a government employee, took gold of her mother of about 50 grams and when my wife questioned her about the gold she said her mangalsutra was snatched away by the chain snatchers and so she is keeping the gold chain with her.
When my wife asked for her share, she agreed to give only Rs.10,000 in return. Moreover her parents' silver, gold ornaments and jewellery was equally shared by her elder sister giving share to her brother's wife also as one of the share holder. Apart from the 50 grams chain retained by her elder sister alone.
My queries are:
1) If they allocated jewellery in equal shares then why not the property?
2) Can the released property be included in the partition?
3) Can I file a criminal case against her brother for abusing me and entering into my premises for warning me?
4) Will the female sibling gets equal rights in the parents earned property?
5) Can my wife gets the release deed cancelled or make it void as she signed in fear of her brother may commit any harm to her and me in case she has not signed on the papers?
Kindly clarify my doubts.
Asked 4 years ago in Property Law from Hyderabad, Andhra Pradesh
Your wife has the right to claim her share. Initiate action.
Your wife has equal share,.You can go for criminal intimidation.Question 5, yes.
Advocate, New Delhi
1. Since her parents did not leave behind a will their entire property, movable and immovable, vests equally in all their children.
2. The property released cannot be partitioned unless the release deed is challenged in and struck down by court.
3. You can.
4. If parents die without making a will all children have an equal share in their property.
5. She may challenge the release deed in court which can invalidate the deed.