Need a quick clarification reg something from the Lawyers on the forum

Lord Nemesis

Overlord
Skilled
Guy's I need a quick clarification reg a point.

I think its totally absurd, but is it possible for someone to legally take custody of their daughter in law (who is a major) after their sons death and keep her in their house against her will?
 
Lord Nemesis said:
Guy's I need a quick clarification reg a point.

I think its totally absurd, but is it possible for someone to legally take custody of their daughter in law (who is a major) after their sons death and keep her in their house against her will?

Against her will? Surely not going to happen, mate. Either way, nope.
 
Depends on her claim... I am not a lawyer but have studied to some extent and follow law as a necessity as have some major cases pending..l
 
Sounds stupid enough to not be possible - its against the fundamental right to freedom. However I'm not a lawyer :p.
 
I don't understand what you mean my "Depends on her claim" ? I am not talking about money or property here. They lived independently (separately) from the guy's parents. The question is now after her the person has passed away, is there any legal means for the person's parents to force their daughter in law to live with them against her will as against living independently or with her own parents. As I understand it, even parents don't have any such legal rights on their children after they become majors.
 
Depending on her claim is whether she wants to inherit her husbands property, even if she re marries. Also, another way of interpreting the question is whether the in laws are dependent upon her. In which case, I have no idea.
 
If they prove they are dependant on her,

Their may be some legal way out.

I am not sure.

They may use their age and prove they need her as caretaker.
 
I think that the husband himself can not force his wife to stay with him, atleast legally. So Parents in law, should not be allowed. Again a part of "not a lawyer" group.
 
Im no lawyer, but a person cannot be held by ANYONE except by a govt agency like the police,cbi etc that too it requires certain proof.
Its Habeas corpus and a matter of unlawful detention . If such is the matter, the case can directly go to Supreme Court bypassing all the subordinate courts

From Wikipedia
The Indian judiciary, in a catena of cases has effectively resorted to the writ of habeas corpus to secure release of a person from illegal detention. The Indian judiciary has dispensed with the traditional doctrine of locus standi, so that if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The scope of habeas relief has expanded in recent times by actions of the Indian judiciary.[11] The habeas writ was used in the Rajan case. It was also filed by Panthers Party to protest the imprisonment of Anna Hazare, a social activist.
 
AFAIF you cant be guardian of a Major !! further forcing her physically to stay will be a crime called "wrongful confinement". hence no way to "keep" her :S

I am not a lawyer but a law student :p
 
Lord Nemesis said:
I don't understand what you mean my "Depends on her claim" ? I am not talking about money or property here. They lived independently (separately) from the guy's parents. The question is now after her the person has passed away, is there any legal means for the person's parents to force their daughter in law to live with them against her will as against living independently or with her own parents. As I understand it, even parents don't have any such legal rights on their children after they become majors.

1) You cannot force anyone to live with any other person against the former person's wish! That is tantamount to slavery/involuntary servitude!

This is only possible in respect of the person of a minor and that too when the court is satisfied either on it's own motion or otherwise that such a relationship is essential for the benefit of the minor.

2) As for the claims that others are talking about. The wife will essentially be eligible to claim the property lawfully owned by her husband if the husband died intestate i.e. without making a will. In case the husband has made a will, his property will devolve on the legal successors as may have been appointed by the husband.

Again, just because the property of the husband passes to the wife, the in laws cannot make the wife to maintain them or force her to live with them. However, under exceptional circumstances, the court may apportion some part of the property of the deceased person for the benefit of the parents.

Exceptional circumstances would mean:

That the property so devolving on the wife is ancestral property that originated in the generation previous to that of the deceased husband.

That the property has been obtained by will by the wife and the will was forged or the consent was obtained by coercion/fraud etc.

That the parents of the deceased person and unable to maintain themselves i.e. have o source of income AND that the deceased person was their only child.

And any other conditions as the court may deem fit...

Lord Nemesis said:
Guy's I need a quick clarification reg a point.

I think its totally absurd, but is it possible for someone to legally take custody of their daughter in law (who is a major) after their sons death and keep her in their house against her will?

And in any case, how can one take custody of a major? A custody is only given in case of a minor or a lunatic or a person of unsound mind.

So, technically, it is possible to take custody of the daughter in law and keep her in the house if it can be proved that she is of unsound mind. But again, her parents would be the first party who would be eligible to take her custody.



So, if she is of unsound mind and both her parents are dead or if they too are of unsound mind or sick/infirm, then the inlaws can take her custody.
:D
 
Yes . An adult more then 16 years of age can be forced to live with his parents or parents in law or guardian is if he or she is of unsound mind and the court decides the guardian who is or are best equipped to take her/his care. .
 
Back
Top