Wife right after husband death
Rajeev Bhushan
(Querist) 10 September 2016
This query is : Resolved
Dear sir/ madam
My elder brother who died in 2014 due to medical reason and his wife was living separately before his death.
Now she demanding all of her personal belongings(gold jewellery etc).
We are trying to settle the dispute out of court.
Pls suggest me, how can we processed such dispute between both the family so that in future they can't claim again such belongings.
Whether we can conclude such settlement on any paper ( stamp paper) or make the video of such settlement.
Thank you.
Kumar Doab
(Expert) 10 September 2016
It is believed that deceased was Hindu and has not left any valid WILL.
His ClassI legal heirs are: Mother, Wife, Sons, Daughters, and shall share the estate equally.
They can record/register the settlement.................Registered Family settlement deed.
She can collect her personal belongings.
Rajeev Bhushan
(Querist) 10 September 2016
Dear sir,
Deceased has no child.
Whether valuation of gold should be placed on such documents if yes how we can evaluate the exact gold value.
Someone said just affidavit needed to conclude all such matters and notarize it.
Thank you
Kumar Doab
(Expert) 10 September 2016
She can collect her personal belongings.
You can ask for receipt.
She has share in estate of her deceased husband.
Registered Family settlement deed may not leave any scope for litigation.
Rest is upto you.
Approach your own counsel and engage for your task.
Sudhir Kumar, Advocate
(Expert) 10 September 2016
you said
"Now she demanding all of her personal belongings(gold jewellery etc)."
How/why the jewellery was not with her.
denying this property is criminal offence u/s 406/409 of IPC. It is non-bailable and congnizable.
This property is not subject to any WILL or succession. It is her exclusive property.
Sudhir Kumar, Advocate
(Expert) 10 September 2016
"Pls suggest me, how can we processed such dispute between both the family so that in future they can't claim again such belongings."
Law does not provide any remedy to deprive the widow of the property of her husband.
IT IS HER MERCY OR STUPIDITY ONLY WHICH CAN HELP YOU.
Rajeev Bhushan
(Querist) 10 September 2016
Dear sudhir Kumar sir,
Thanx for your valuable consideration in such matter.
Actually such gold jewellery definitely belongs to her , and we are not denying that.
She has left such things in her husband home when she leave.
We just want to confirm that we are going to handover such jewellery to her , whether we should processed such formal way if yes so how can we proceed.
Thank you
Sudhir Kumar, Advocate
(Expert) 11 September 2016
You kindly send her a notice that X, Y, Z jewellery belonging to her is lying in the house not occupied by her and unless she takes the same you will deposit the same in police malkhana rather than facing false charges under IPC.
The notice should also specify that the jewellery so far was in the custody of her husband who is no more.
Ms.Usha Kapoor
(Expert) 11 September 2016
All of you enter into a Family Settlement in the form of a Family settlement Deed deciding each of your shares on an unanimous agreement of all and file it before Lok Adalat, which is attached to a District Court by making an application before the District court that you want the family dispute to be settled by LOk Adalat and accordingly the Distric Judge will post the matter before Lok Adalat whose decree is binding on all the parties to the Family settlement as it is equivalent to a civil court decree under Order 21 of CPC and also under Legal Authorities Act and it is binding on all the parties to Family settlement Deed and final. It can be disposed off by the LOk Adalat in just 1/2 an hour time.
Rajeev Bhushan
(Querist) 11 September 2016
Dear sir/ madam
After such settlement whether she can ask for maintenance from deceased family in the form of money etc..
Kumar Doab
(Expert) 11 September 2016
The supplementary questions will keep on coming.
Try to close the matter that is on your hands as already suggested.
Don't forget to consult your own able counsel at your location.
Guest
(Expert) 12 September 2016
Legally all which was owned by husband now widow is absolute owner , she can do whatever she likes about it. If you posses anything of her like gold etc she can claim you have taken her wealth and can initiate civil or criminal case. Better settled it and give it, irrespective whether she came to see her dying husband or not. This is law
Raj Kumar Makkad
(Expert) 14 September 2016
I do endorse the wise advice of the experts clearing all doubts.
