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vishal vaghela   07 April 2016

Widows right

Dear Sir/Madam

I have some question

1.   If widow of deceased want to remarry and she has two child (one is 4.5years old daughter & second is 2.5 years old son), what is the right in property of widow  & children and deceseased property was jointly with father and brothers  ?

  deceases husband have one is 4.5years old daughter & second is 2.5 years old son, father, mother  and brother married who live in joint family. one property purchase by father and second one shop is purchased by all three brothers jointly.

2.  If window of deceased want to remarry, who has legal right for custody of minor child of decease ?

3.  Father in law of widow want to provide equal right in property to one minor child of decease and ready to grow him, can he do ?

4.  widow is not well educated (only 7th std pass out) but her brother is well educated (being CA) and his wife also well educated (M.Com). can brother ask for custody. Brother does not have any financial interest in decease property but only want to make minor child well educated and cultured and settle their life.

5.  can father in law denied the right of widow on her remarriage ?

6. after remarriage of widow , father in law  can suit for minor child for custodity or guardianship?

6. please provide remedial action of this case..



Learning

 9 Replies


(Guest)

Please specify religion to get correct ans. of all parties concern. 

 

 


(Guest)

My two chavannis,

 

Widow remarriage is not taboo to Muslims, Hindus, Christians.

The custodial rights of the children remain with the survivor widow, even after widow remarries, custody of kids will with widow only.

 

As you want to take care of the two kids, you may as well go ahead, it is my opinion that do not bring law into this, such a novel thing and you bring in law point, everything looks murky.  Let the woman remarry.  If the kids dont have any problem, the mother dont have any problem, simply ask the kids to move in, do whatever little you can for their welll being.

 

Do it in good faith.  God bless you. 

Kumar Doab (FIN)     07 April 2016

Believing that you are Hindu!

The deceased husband's estate shall devolve equally upon Mother, wife and children.

If the property of Father in law is self acquired then he can give it to anyone in his life time.

It shall be better if the children are adopted by a valid deed.

 


(Guest)

Deceased husband property was jointly with husband father and brother ----- When did they purchase the property ? Whether anchestor property? If they purchsed property jointly whether it was shown as HUF or individual 

Property purchased by father ---- It will be taken as property self earned but for dispute sake HUF can be taken , whether maintainable or not depends upon in dept analysis of documents

Custody rights of minor children --- Will be with mother as per Hindu Minors and Gaurdianship act . Whether she marry or don't . But if some one is able to prove in court that children are not taken care of properly then looking at circumstances court can pass orders only from view point of children no one else

Father in law can wants to take care of one child --- Yes he ca do it but it has to be then put properly withing frame work of law with help of local lawyer , Oral words will be risky in future.

Hindu Minors and gaurdianship act --- This act have provision under circumstances that brother who is CA and wife M Com wants to give better life. In that circumstances proper appliation have to be brought in front of court under Hindu Minor and gaurdianship act. additionally it will be better that sister also comprmise and take decission in welfare of children. But if you go for adoption then the child will loose right of his natural parents property etc. So you should understand difference between Adoption and gaurdianship \

5. No father in law can not deny all rights if widow marry, similar provision is made in 2005 amendment of act. but at same time father has right to make will , if maharsahtra then he can transfer his assets (Sell) to some one and bypass her right. So at time claiming that it is HUF will be ok , but once you take dispute it will lead to only legal fights and bitter relationship 

6. Mother of child can file for gaurdianship so before things get settled better steps under Hindu minors and gaudianship act is taken. Additionally remember by this act if child care is not taken properly the even from natural gaurdian , court can take child and give custody to some one else (Like when father is alcoholic , drug addicit etc)

7. See anyone can file suit for gaudianship of minor claiming child is not been taken care properly , How they prove it and what circustances they prove it depents. So it will be too early to comment on it

8. Remedies for it will be CA brother and wife take gaurdianship from court with concent of their sister and take care . Adopting children will be permanent solution but then children will loose all their rights in their fathers property etc.  They will have only right in your property no one else 

 


(Guest)

Since you are CA i feel better you read two acts, from children point of view

Hindu Adoption and maintaince act 

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

Hindu Minors and gauridanship act

https://www.ncpcr.gov.in/view_file.php?fid=423

vishal vaghela   08 April 2016

Thank you very much mem

Ya mem , I had already read hindu minor & guardinship act 1956 and also wards & guardinship 1890.. but now i am confused about what should i have to do???

1. can i file suit against sisters father in law for property which are jointly ?

2. can i back Things & Gift which are given on marriage and also taken back STRIDHAN??

3. In future any chances to problem arise on reason of chidrens custody after the remarriage of         sister.

Pls provide confirm answer. i will be owed to you.

Thanks & Regards,

Vishal

vishal vaghela   08 April 2016

captain sir i think you never understand the original situation. As a professional i think you should not to use this types of abused words, and by the way if u dnt like any question dnt answered it. and another thing is that this portal always helpful for needy. Antother thing is that this all questions & answer is read by several persons. 

Now may be u understand...

Thanking you


(Guest)

@ Captain 

You are un proffessional . Personal emotions do not have value. We only should talk on legal terminology what is asked . Life decission every individual should take personally , what is right and what is wrong , it is job of My Lordship to decide not Advocate. Advocate should only present his clients view , no matter even if entire society helds him guilty , because there are chances that there may be some point in every case which entire society may have ignored and that changes the whole direction of case.

If you can not be proffessional Advocate please just ignore it. When you enter session court you see people who did Murder , Flesh trade etc. their attitude is disgusting but still some one have to represent them else Justice is not done.

So Please refrain from using bad language be proffessional . 

Sorry for giving advise .

 

 

vishal vaghela   08 April 2016

i am sorry to hurt you.. but my intention is not to snatch any from my sisters father in law. i understand and feel the situtation which is feeled by his father after loosing his so.

but Actully situation is that sisters father in law come at our home and continous qurraled with me sis and also gives threat that he will be snached her child.

so i am just asking about what they will do if we suit on him for property. i had already told to my sisters father in law to we dnt want need any type of property or money.

now u may be understnd the situation. now u may be told me very cheap people.... aur as like ghor kalyug


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