Legal Question in Civil Rights Law in India

Hi,

I am a widow, 30 yrs old. My husband died last year in heart problem. He had heart problem before marriage and all of their family knew about it. His sister mentioned in the FIR that he was suffering from heart problem since 2005. They didn�t tell us(me and my parents) about it and they only approached for marriage. I got to know about the decease on 2010, after two years of our marriage. He died suddenly on 2011. I visited many hospitals after his death to check if they have reports, and got all reports since 2007.

Just after his death, his family(parents and sisters) harassed me in many ways. First of all, my husband�s death was a shock for me and I was not even in sense for several days. I even thought to take care of his family and assured them that I will always be there for them. But, slowly slowly, I realized that they are making conspiracy against me. I was shocked to see that they are not in that pain of losing their son, instead they were scolding their dead son for not giving them money when he was alive(They were not so much attached with their son(my husband) because he was brought up by his maternal Grand-mom and he never stayed at his own home). After few days, they openly started harassing me. They even forced me to give all my wedding gold ornament to them. This is the time when I moved to my parents home. His sister used to call me and asked for money that they spent with my husband�s study and all.

They even came to my home in Bangalore and harassed me there also. They met many of my husband�s friends and tried to spoil my reputation. They even didn�t care about the self-respect of their own son. I was shocked to see that these people even didn�t bother to meet the doctor under whom my husband�s treatment was going on. Somehow I locked my home and came out of Bangalore. I thank GOD that I am saved, if they would get a chance, they would have kill me. I could see this jealous and anger in their attitude, because I am alive and their son is not. I really don�t know any reason behind that.

Now, I have another problem. We(me and my husband) bought a house in 2009 in loan. We are joint owner of the house, and even we took the loan jointly. Insurance company rejected my death claim as they also found that my husband had heart problem from long(in born heart problem as per doctor). 75% of the loan needs to be repaid. I put the loan in my name and I will have to pay the whole remaining amount now. I am happy to do it as both of us bought this house with our savings. The bank is asking me to repay the amount and I can close the loan whenever I want. But they said, while returning the document, they will need NOC from my mother-in-law as she has a small percentage in the house. I asked my mother-in-law to give the NOC for which I will give her money. She refused and she is happy that I will be trouble. I am sure that she will never give NOC, no matter what.

I am an engineer and very independent to live my life. I didn�t file any case against them as I don�t want any hassle from court side. My father-in-law is very rich person and has property in many places including his ancestor property.

Please let me know the following �

1. If I get the house documents from bank without NOC, I will avoid all legal matters. Is there any way for that? I am ready to pay my mother-in-laws amount which should be settled through bank.

2. In worst case, I will have to file a harassment case(498a) against them. I didn�t file it till now as I don�t want hassle for me and for them too as they as old people. But, if they harass me like this, I have to do it. Please let me know if I will face any problem if I go for this.

3. I also want to file a cheating case as my marriage was a cheat. I have all evidence against them. Please let me know how can I go for this.

I am quite strong in any ways, if they can do all these against me, what will happened to a ordinary girl who even don�t have a job. Your input will be highly appreciated.


Asked on 5/29/12, 2:46 am

1 Answer from Attorneys

www.lawconcern.com S.Seshadri www.lawconcern.com

Since you are an Engineer but unemployed, you can issue notice to the Bank to auction the property and pay the excess proceeds to you ( 1/2 share).

It seems you have a good case for cheating/ harassment as your inlaws have hidden the fact of allged birth heart defect of your husband.www.lawconcern.com- Chennai & Bangalore.

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Answered on 6/07/12, 4:45 am


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