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Widows rights in her in-laws family

(Querist) 02 March 2012 This query is : Resolved 
Dear Sir
i would like to ask to help me out for a suitation which out of my reach.
My sister a widow of an Army servicemen deceased in 2011.
Know her mother-in-law is harassing her to give share of the compensation,pension,Insurance amount recieved from the Indain army and also threating to go to court to file a case against her.
My sister's mother -in-law also a widow of an ex-servicemen, she obtains pension from government, has good amount of wealth and property on her name, as well as she had 3 sons, one expired, 2 are remaining and working, living jointly.
My question is does she has any right on her deceased sons property with out a will. and what rights does the WIFE of the deceased has on her husband family property.

Awaiting for your kind reply
Best Regards
Sanneboina
M.Sheik Mohammed Ali (Expert) 02 March 2012
no way to get deceased sons property.
Sanneboina (Querist) 02 March 2012
Dear sir
Can you please explain me who has the legal rights of the compensation and pension amount of the deceased. is it Wife and children or Mother in above case.
awaiting fro your reply

Regards

Sudhir Kumar, Advocate (Expert) 02 March 2012
Your sister is entitled that is the reason why Army paid her the money. No suit can lie against her. On the other hand she has right to her husband's share in ancestral property.
Shonee Kapoor (Expert) 02 March 2012
Mother has the right as Class I hier on the property of the son.

Of course that does not include any right over EPF/ Pension etc.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 02 March 2012
Sanneboina! You might not be aware that our of some benefits, mother has also been provided with some of the benefits by GOI as the deceased was in India Army.

In the given case mother in law has no right to claim even a single penny from the widow and she is fully entitled to retain the entire service cum death benefits irrespective of the fact that her mother in law is already enjoying a luxurious life.
prabhakar singh (Expert) 04 March 2012
The mother of deceased son has NO right over service benefits of her deceased son and all shall go to your sister such as DSOP and pension etc.

But if deceased had money in Bank a/cs,Fds,post office deposits,or properties,then your sister as widow and her mother in law,as mother have equal sharing rights in deceased's left estate because both are class I heirs under Hindu Succession Act and there is NO WILL left by the deceased.
Sanneboina (Querist) 05 March 2012
Dear sir's

Thank you very much your kind help

Regards

sanneboina
Guest (Expert) 05 March 2012
You are welcome Sanne.


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