• Torture of in-laws after husband's death and legal property heir

My elder sister's husband expired 15 days ago. She was married for 12 years and has 2 daughters.Now she lives with her in laws who are torturing for property and are asking to sign on blank papers under the name of life insurance claims.The house and a shop was entirely owned by her husband . After husband's death who is the legal heir of this property? The papers of house are forcefully taken by brother in law. What action can be taken against him?  What is the procedure to transfer this property to my sister? There is a loan on house of 1.5 lakhs which is still to be paid. The bank has not insured my sister's husband who took the loan. What legal action can be taken on bank ? Who will get the money of life insurance policy?  Is her mother in law also legal heir of this property as well as life insurance amount. What legal action can be taken against mother in law , brothers in law and their wives for the torture they are doing? She lives in gujarat and i stay in pune ,maharashtra.Can I file legal complaint in pune jurisdistion?
Asked 4 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
 After husband's death who is the legal heir of this property? 

The legal heirs are his wife, children and his mother.






The papers of house are forcefully taken by brother in law. What action can be taken against him?  

What papers he has taken away?, is it the property title documents?, if so, then your sister can lodge a criminal complaint against him for stealing the property title documents and seek their help to retrieve them.






What is the procedure to transfer this property to my sister? 

The entire property cannot be transferred on her name, she can get the share of properties of her and her children transferred on her name b producing the death certificate and lgl heir ship certificate before the land revenue department/Tahsildar for this purpose.





There is a loan on house of 1.5 lakhs which is still to be paid. The bank has not insured my sister's husband who took the loan. What legal action can be taken on bank ? 

No action can be take agaisnt the bank for not insuring because it is not mandatory to insure for taking loan and moreover it was your brother in law who should have taken an insurance policy and not the bank's duty .






Who will get the money of life insurance policy? 

Whoever has been nominated as nominee shall get the insurance death claim amount.




 Is her mother in law also legal heir of this property as well as life insurance amount. 

Yes.





What legal action can be taken against mother in law , brothers in law and their wives for the torture they are doing? 

Your sister can file a DV case against all of them and also file a criminal complaint against them for these tortures.





She lives in gujarat and i stay in pune ,maharashtra.Can I file legal complaint in pune jurisdiction?

NO
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) your sister should refuse to sign any blank papers

2) file complaint against her in laws and brother in law under section 498A , 406 for continuous acts of cruelty and for having stolen the property papers

3) on husband demise mother in law , wife and 2 daughters are the legal heirs 

4)your sister can also file DV case and seek protection order against in laws , brother in law . , compensation for mental torture undergone by her 

5)your sister should apply for and obtain letters of administration from court for LIC policy , house etc 

6) case will have to be filed in gujrat wherein your sister is staying 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
After the death of husband wife, children’s and husband’s mother become the absolute owners of his property. Your sister hesitates to put signature in blank papers. File complaint against her brother in law before the nearest police station where he stayed now.  The better to file the complaint herself. Also send legal notice against brother in law for not using the blanked signed stamp papers.The jurisdiction of court at Gujrat 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. On the intestate demise of a Hindu male his heies are his mother, widow and childen.

2. A criminal complaint can be filed against the brother who has forcibly taken the title deeds in his possession.

3. Your sister can file a suit for partition to cull out her share in the property and also injunction to stop others from selling the property.

4. Insurance policies will devolve on all heirs inless there is nomination.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Ask your sister to lodge a police complaint immediately about forcibly taking away property papers from your sister,

2. She, her daughters and mother in law are equal share holders of her husband's properties,

3. Bank is supposed to arrange for the insurance of the Borrower up to the loaned amount. If the Bank has taken the insurance form filled up and deducted the insurance premium while offering the loan amount  but has not insured him, then the Bank is responsible for the said amount that she would have got towards the said insurance after his death,

4. She should file a complaint case before the local District Consumer Dispute Redressal Forum against the Bank alleging deficiency in price and unfair business practice claiming the amount what she would have got hed her husband's life  been insured by the Bank, with interest, damage and cost,

5. She should immediately file a DV case.
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
5.0 on 5.0

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