Legal Question in Criminal Law in India

According to hindu succession act murderers are disqualified from inhertance. My father died transfering 17 acres of land to my mother. My three sisters and one brother wanted share in this land. My mother is not willing to give anything to my sisters because our parents spent a lot on their marriage, my brother is not in good relation with my mother so my mother is not giveing property to my brother also. In the meanwhile I went abroad and my mother became ill. Her symptoms are water filling in the stomach. This disease can be treated only in a big hospital. My sisters and brother did not take her to big hospital. My sisters told my mother that lot of money is required to treat the disease. My mother is not in a position to eat food and drink water but they did not show her to a specilized doctor. They showed her to only a local doctor. Finally my mother gave all her gold and money and also asked my sisters to withdraw money from her bank account. My sisters took everything but still they did not take my mother to big hospital. My mother became very serious and then due to pressure from villagers they took her to big hospital. My mother died the next day in the hospital. The death report says "the death is due to irreversible shock with septicaemia" If they would have taken my mother to hospital early mother would not have died. According to me my sisters and brother have murdered my mother. Now I have gone to court and all want their share. I want to use the law that murderers are disqualified from inheritance. How can I use this law. Property division takes place in civil court. Civil court is not concerned about murder and all that. Do I have to file FIR and prove the murder in the criminal court and then produce that judgement to civil court. My mother died/murdered 17 years back.

Please help

Mohan


Asked on 9/17/10, 2:19 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

after 17 years, it is next to impossible for one to succeed in such allegation of murder. Where will you get the evidence from. Why you had been silent all along. there will be several unanswered questions? The civil courts meanwhile will decide the succession. so it is better to settle among the brother and sister rather than litigating in the court

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Answered on 9/17/10, 8:49 am


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