Inappropriate claims and acts by Brother's in laws
11 months ago
We were two brothers living jointly with our widow mother in father's house since my father was alive very happily.
We were operating some business jointly but my brother was more involved he was signing authority in maximum business.
He expired last year and the father in-law of the deceased has taken his daughter and two kids to his place fraudulently and he has all cash in his daughters account (wife of the deceased) without the concent of my mother and not allowing his daughter to come back to his deceased husband,s house despite our so many request. Now taking advantage of being the legal heirs he is claiming all the things in his deceased son in-law,s name to his place and not allowing my brothers family to come to us.
We want:-
1. The family of my deceased brother to come and live with us without the interference of his notorious father in-law.
2. Want involve my mother's name also in the legal heirs list so they remain under the binding guardianship of my widow mother.
You can file approach High Court and get back your sister in law to your house saying she was kidnapped her against her will by her father.
To let me respond to your insufficient query I need to know the following information-
1. Whether the Property(House) is the self-acquired property of your deceased father and
2. The source of capital of a business that jointly operated by both brothers
However, it is to inform you that as per the law of inheritance, in case the property is the self-acquired property of your deceased father who left it intestate, then the said intestate property passes to his surviving legal heirs in equal share. Following the same principle, if the capital for the business if contributed by your deceased father from his self-acquired resources, then the gains or losses from said business and the property acquired by the said business also pass among the surviving legal heirs in equal share.
Being the proposition of governing law as stated hereinabove, the action of the father-in-law of your deceased brother is unethical and bad in law and such unruly and unethical action with ulterior motives may be stopped by filing a general diary(GD) in the local PS and representing the matter to the District Magistrate by your mother being a Sr. Citizen under Maintenance and Welfare of Parents and Sr.Citizens Act, 2007.
The widow of your deceased brother is entitled to the share of your brother only provided the individual share/parcha of the intestate property is issued by the competent authority(BL &LRO) on application jointly made by surviving members of the deceased owner claiming their individual share in the said intestate property and a decree/order is passed by a competent court of law on the filing of a Title suit jointly by the survived legal heirs seeking partition of property.
Hope the matter stands understood to you.