wife right after husband death
Rajeev Bhushan
(Querist) 08 September 2014
This query is : Resolved
Dear sir/ madam
my elder brother has expired on 3/4/2014, and before that he was suffering from paralysis last 3.5 years,.
my brother wife was living separately in her own parents and both of them had not separated legally (divorce).
now my brother wife want to done settlement between both of family., she complains the police station about such incident.
we lives in Delhi and she is now in Orissa with her family.
police comes to us and said we have to go their for settlement.
now I have a questions
1) whether it is registered case or just police complaint.
2) whether we will have to go the, or can we sort out the matter in Delhi.
3) what have the legal right of her in our property because we have some fixed deposit, Lic cliam in my brother name. One property in the name of my mother and another one is my father name.
thanks.
ajay sethi
(Expert) 08 September 2014
your sister in law is one of legal heirs of your brother . she would be entitled to share in movable and immovable property standing in name of your brother what is nature of complaint filed by her? without knowing details it is difficult to advice .
your sister in law would have no share in self acquired property standing in name of your parents . your parents can make a will bequeathing said property to you .
Kumar Doab
(Expert) 08 September 2014
>>> It is believed that deceased was Hindu and Hindu Succession laws shall apply, and deceased has not left any WILL.
Class I relations of Hindu Male:
• Son/Daughter
• Widow
• Mother
• Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son
Thus spouse (wife) shall share the estate equally along with other ClassI legal heir(s) that includes Mother too.
If nomination has been made in LIC in which policyholder is deceased (husband) and bank deposits then LIC/Bank can make the payment of claim to Nominee and discharge its responsibility and since Nominee is just a trustee he/she shall distribute the proceeds amongst all ClassI legal heir.
If nomination does not exist the BM shall handover the forms to complete the process.
Otherwise all legal heir may submit requisite forms/documents to BM and NOC to distribute amongst ClassI legal heir and BM may seek legal opinion to complete the process or may distribute as per existing rules.
>>> If the estate is at Delhi the legal heir have to stake the claim at Delhi.
>>> If property in the name of Mother/Father is self acquired then in the lifetime of mother /father no one including wife of deceased has any claim in it.
>>> You can demand the copy of complaint on the strength of which police has come to you.......................and if it does not provide pursue thru RTI and submit your reply preferably thru your Lawyer.
The lawyer that has examined the docs on record can advice you the best.
Rajendra K Goyal
(Expert) 08 September 2014
Being a class -I legal heir, Your sister's wife has right over the property of your deceased brother. She can not claim any right over the property of your parents till they are alive.
Rajeev Bhushan
(Querist) 08 September 2014
If she want some compensation in terms of money related to her husband property, whether can she force us to sell the property and pay to her.
Rajeev Bhushan
(Querist) 08 September 2014
I dnt know the nature of complaint, .
whether police can force us to go to orrisa and sort out the matter there.
Raj Kumar Makkad
(Expert) 09 September 2014
Neither she nor police can force you to go to Orissa and settle the issue as per her whims and wishes rather she can only file a civil suit which you require to defend on all grounds. Let her take her final decision and act upon accordingly.
Rajeev Bhushan
(Querist) 10 September 2014
So what we have to do now.just wait and watch, or do some action against her.
Anirudh
(Expert) 10 September 2014
You have to indicate whether your brother has left behind any (i) immovable property which is standing in his name? (ii) movable property like bank account, post office account, fixed deposit, insurance etc.,?
Whether your mother is alive?
Only after knowing this, it will be possible to give an appropriate answer to your query.
Raj Kumar Makkad
(Expert) 10 September 2014
You shall have to reply the valid questions rised by Anirudh.
Rajeev Bhushan
(Querist) 11 September 2014
No immovable property in the name of brother, but only have Lic policy and some fixed deposit in which mother was nominee and she is alive.
my mother have own name one house, and my father have one immovable inherited property in Orissa.
Rajeev Bhushan
(Querist) 11 September 2014
No immovable property in the name of brother, but only have Lic policy and some fixed deposit in which mother was nominee and she is alive.
my mother have own name one house, and my father have one immovable inherited property in Orissa.
Anirudh
(Expert) 12 September 2014
If there is no immovable property in the name of your brother, then what is the property that she is angling for?
As far as the LIC policy and the Fixed deposit is concerned even though your mother may be a Nominee, she cannot retain the entire proceeds to herself. The 'nominee' will come in handy only for the purpose of easily claiming the amount from LIC/Fixed Deposit (without insisting on the production of succession certificate etc., which is a time consuming affair). But once the money is received by the Nominee, then the Nominee is bound to give the share to the eligible legal heir of the deceased. In this case, the legal heirs are your mother and your sister-in-law. Therefore the proceeds has to be shared equally and the share of your sister-in-law has to be given to her under proper acknowledgement.
Rajeev Bhushan
(Querist) 13 September 2014
Someone has suggested me that we should disowned her from property of our parents, then look what are charges file against me and then sort out the matter. Would she has any right on the property after disowned.
Anirudh
(Expert) 13 September 2014
Your parents cannot disown their daughter-in-law at this belated stage.
The daughter-in-law in question is one of the Class-I legal heirs in respect of the immovable property owned by your father.
The daughter-in-law in question is not a legal heir in respect of the immovable property owned by your mother.
Therefore, only if your father expires, without disposing of the immovable property during his life time (i.e. disposing off by way of sale, or GIFT, Settlement DEED or WILL), then and only then the daughter-in-law in question will be able to claim her share. OTHERWISE NOT. Therefore, in his wisdom, your father is expected to dispose of the property during his life time, so that no problem gets created after his death.
I think your deceased brother has no children.
Raj Kumar Makkad
(Expert) 13 September 2014
I do endorse the wise advice of Anirudh.
Rajeev Bhushan
(Querist) 14 September 2014
Thanx for ur valuable suggestion.
yeah ur right, my brother have not any children.
she has complaint in orrisa police, police continuously force us go there and settle the case, because daughter in laws going to marry again.
whether police can arrest us on the basis of such compliant.
Anirudh
(Expert) 14 September 2014
The police have no power to arrest you on this matter. In fact, police has nothing to do with the matter at all. It is not a criminal issue. It is a civil matter. You need not go to Orissa to attend to the police call.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
the querist clarified his intention on
http://www.lawyersclubindia.com/experts/disowned-by-parents--497521.asp#.VB6fSVeO5G0
He wants his brothers widow on road with begging bowl. No expert on any of this thread has cooperated with him.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
repeated
http://www.lawyersclubindia.com/experts/disowned-by-parents--497011.asp
