If you are stuck in such a situation, here is what to do.

A tragic situation unfolded in the city of Alipur when Ms. Anjali, a young woman who had been married for a couple of years, passed away unexpectedly. At the time of her marriage to Mr. Varun, her family had provided a significant amount of valuable items and money, commonly referred to as dowry or ‘streedhan’, to ensure her well-being in her new home. Unfortunately, none of these assets were formally registered in her name. Ms. Anjali is survived by her two-year-old son, Rohan.

Following her demise, Ms. Anjali’s parents and siblings are facing a distressing ordeal. Her in-laws, the Sharma family, have taken possession of all the dowry items and are refusing to return them. Furthermore, they are preventing Ms. Anjali’s family from meeting their grandson, Rohan, causing immense emotional pain and concern for the child’s welfare. The family is now seeking legal clarity on two critical issues: who has the legal right to the dowry items, and what legal recourse do they have to secure visitation rights or guardianship of their grandson.

Advice in such cases

Navigating the aftermath of such a tragedy requires a careful and strategic legal approach. Here is some initial advice:

• Secure the Child’s Inheritance: The primary legal heir to a woman’s property, including her streedhan, is her child. The dowry items rightfully belong to the minor son, Rohan. The in-laws are merely trustees of this property on behalf of the child and cannot claim ownership.
• Document Everything: Create a comprehensive list of all dowry items given, including jewellery, furniture, vehicles, and cash. Gather any available proof, such as photographs, receipts, or bank statements. Document every instance of the in-laws denying access to the child, noting dates, times, and any witnesses.
• Prioritize the Child’s Welfare: In all matters of custody and guardianship, Indian courts prioritize the ‘welfare of the child’ above all else. While the father is the natural guardian, maternal grandparents can successfully petition for visitation rights or even custody if they can demonstrate that it is in the child’s best interest.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws are pertinent to this situation, providing a framework for seeking justice:

• The Dowry Prohibition Act, 1961: Section 6 of this Act is crucial. It mandates that any dowry received by any person, other than the woman in connection with whose marriage it is given, shall be transferred to her. If the woman dies before receiving it, her heirs are entitled to claim it from the person holding it. If she dies within seven years of marriage due to unnatural causes, the property devolves upon her children. If she has no children, it reverts to her parents.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 316 of the BNS, which deals with criminal breach of trust, can be invoked against the in-laws for refusing to return the streedhan. If there is any suspicion of foul play in the death or a history of cruelty, Section 81 (Dowry Death) and Section 85 (Cruelty by husband or his relatives) of the BNS may also be applicable.
• The Hindu Succession Act, 1956: As per Section 15 of this Act, the property of a female Hindu dying intestate (without a will) devolves first upon her children and husband. Therefore, her son is the rightful heir to her streedhan.
• The Guardians and Wards Act, 1890 & The Hindu Minority and Guardianship Act, 1956: These acts govern the custody and guardianship of a minor. While the father is typically the natural guardian, the courts can grant custody or visitation rights to maternal grandparents if they can prove it is paramount for the child’s welfare.

If you are the complainant

As the family of the deceased, you are the complainants seeking justice and the return of property. Here are the steps to take:

• Send a Legal Notice: Your first formal step should be to have a lawyer send a detailed legal notice to the in-laws. This notice should demand the immediate return of all streedhan/dowry items for the benefit of the minor child and demand visitation rights.
• File a Police Complaint: If the in-laws do not comply with the legal notice, you should file a police complaint (FIR) for criminal breach of trust under Section 316 of the BNS and relevant sections of the Dowry Prohibition Act.
• File a Custody Petition: Simultaneously, you should file a petition in the appropriate Family Court under the Guardians and Wards Act to secure formal visitation rights or to seek custody of the child, providing evidence that it is in the child’s best interest.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the family of the deceased, you are victims of the in-laws’ unlawful actions. Your focus should be on securing the rights of the child and your right to be a part of his life.

• Assert Your Rights: Understand that the law is on your side regarding the child’s inheritance and your right to seek visitation. Do not be intimidated by the in-laws’ behavior.
• Maintain Records: Keep a detailed log of all communications, including calls, messages, and attempts to visit the child. This documentation will serve as crucial evidence in court.
• Focus on the Child: Frame all your legal actions around the central theme of the child’s welfare. This is the most persuasive argument you can make before a judge.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Dealing with the police can be challenging. Initially, they might view the matter as a “family dispute” and suggest a compromise. However, you must be firm. With a lawyer’s assistance, insist on registering an FIR, especially for criminal breach of trust concerning the dowry items. If the death occurred under suspicious circumstances and within seven years of marriage, the police are legally obligated to conduct a thorough investigation, often overseen by a senior officer, as per the provisions for dowry death investigations under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

To build a strong case, you will need substantial evidence. For the return of dowry/streedhan:

• A detailed list of all items given.
• Original or copies of receipts for purchased items.
• Wedding photos and videos that show the exchange of gifts.
• Bank statements reflecting significant cash withdrawals or transfers around the wedding date.
• Witness testimonies from relatives and friends who were present during the wedding ceremonies and saw the items being given.

For child custody/visitation rights:

• Proof of your relationship with the child (birth certificates, photos).
• Evidence of your financial and emotional capacity to care for the child.
• Witnesses who can testify to the strong bond between you and the child.
• Any evidence that suggests the current environment with the in-laws is not conducive to the child’s well-being.

How long will the investigation take?

The legal process can be time-consuming. A police investigation and the filing of a charge sheet under the BNSS should ideally be completed within 90 days. However, the subsequent court proceedings can be lengthy. A criminal case for the return of dowry and a civil case for child custody will proceed on separate tracks. The duration can range from several months to a few years, depending on the court’s caseload, the complexity of the matter, and the cooperation of the parties involved. Patience and persistent follow-up through your advocate are key.

Advocate Sudhir Rao, Supreme Court of India