Questions related to Domestic Voilence & Property interitence
Dear Sirs / Mams,
A situation where the wife lost husband was lost in an accident. The wife had 21 days old son at the time of the husbands death. The kid is 10 Years old now. The deceased husband's family behaved decently all this while and were funding the kids school fee for some years but not any more. The deceased husband had a share of one floor in a two storied building which was not inherited but was earned by them. The other half is owned by his elder brother.
Current Situation :
The widow got married after 10 years of her husbands death and her son was legally adopted to the new husband before marriage. So, the son and the widow together joined the new family.
The wife doesn't have legal documents / registration papers that her deceased husband had a share in the house. Being a Class 1 heir, the son and the wife should be getting one half each from the property. Son is still a minor at the moment.
The Problem : The brother of the deceased husband is threatening the family disown the property and give back the previous death insurance claims that are transformed to fixed deposits in the name of the kid. Has been using foul language. The brother of the deceased claims to have illegal means to get what he wants, threatens to keep an eye the kid and the mother ( unsure what he means).
Want to know if this case qualifies for domestic violence. Obviously after this behavior, the wife of the deceased husband is in panic mode. Want to know if the property share of the deceased husband can be claimed as Class 1 legal heirs and the procedure to do so.