Property and insurance dispute
Paras Jariwala
(Querist) 02 September 2011
This query is : Resolved
Sir,
During my life I gave many time a good amount of money to my father in law and after his death, I helped to my brother in law also.
He has a boy and he is 6 years old.
Now the tings is that last year my brother in law passed away by a serious accident.
He had many insurance policies in which the nominee was his wife.
Now after his death and after received a huge amount from the insurance company, the girl went beck to his father's home.
Now person's mother ( my mother in law ) is alone.
In this situation is it possible for her to claim for some percentage of insurance amount from that girl ?
One more thing is my brother in law did not hold any personal property. The house in which my mother in law lives was made by my late father in law.
In this scenario, is it possible that the girl may claim for a house ?
prabhakar singh
(Expert) 02 September 2011
Your mother in law can claim 1/2 of insurance
claim paid to your brothers in law widow BUT if year boy is son of your brother in law then your mother can claim only 1/3 of the insurance money paid to widow of your brother in law due to her nomination in LIC..
But now it can be claimed only after obtaining a succession certificate from court and then filling a suit of recovery against her (widow&son both).
If your father in law died without a will then after his death his self acquired property(as you state) devolved 1/2 on your mother in law and 1/2 on your brother in law.
Now as your brother in law has also died intestate (without making a will)his 1/2 of share received from father shall equally devolve upon his widow ,child and mother,that is 1/6th each as is the case of insurance money(since as per law all have equal share).
Hence in the property of your father in law ,share of your mother in law is 1/2(received as widow) +1/6(received as mother)=8/12=2/3.
In The rest 1/3rd widow and son of your brother in law will share equally(1/6 th each)in house left by your FATHER IN LAW.
Paras Jariwala
(Querist) 02 September 2011
Sir, What about my wife's share ?
prabhakar singh
(Expert) 02 September 2011
good question ?admittedly i omitted to consider it due to laboring under a phrase"brother in law".
Read my last para of first answer substituted as follows:
Since your father in law being exclusive owner of the house died intestate leaving behind a widow(your mother in law)a daughter(your wife)a son (your brother in law)all will share simultaneously and equally 1/3 each.
Hence in the property of your father in law ,share of your wife as his daughter is 1/3 and that of your mother in law is1/3(received as widow) +1/9(received as mother)=12/27=4/9.
And in The rest 1/3rd of your brother in laws' widow and son of your brother in law will share equally(1/9 th each)in house left by your FATHER IN LAW thus 1/3+12/27+1/9+1/9=27/27=1.
Paras Jariwala
(Querist) 02 September 2011
Sir,
Thank you very much for your reply.
On the bases of my previous query regarding property and insurance dispute,
I want to know;
1 ) Now my mother in law has decided to
live with us.
2 ) What about my wife's share ?
3 ) If the girl gives in written that she
will not claim on property and same my
mother in law gives in written that
she will not claim on insurance.
4 ) After point no 3 done, if my mother in
law make a will for a property and
gives all rights to my wife.
5 ) After point no 5, will the boy ( after
his age of 18 ) can make a claim on
that property ?
Waiting for your reply.
Paras Jariwala
(Querist) 02 September 2011
Sir,
One more and the last thing is that;
There was a policy was taken by my brother in law ( known as monthly power saver policy ) that gives monthly regular income Rs.6000/- after death.
Now that amount is begin taken by his wife.
Is it possible that my mother in law can claim on that amount ( monthly income from that policy )
Thanks in advance.
All of you are giving very good help.
I must say that every body should familiar with web site.
Thank you very much again.
prabhakar singh
(Expert) 02 September 2011
1 ) Now my mother in law has decided to
live with us................IT IS OKAY!
BUT MERELY JOINT LIVING IS NOT GOING TO GIVE ANY RIGHT TO PROPERTY OF SHARE OF YOUR MOTHER IN LAW IN FAVOR OF YOUR WIFE.??
2 ) What about my wife's share ?
AS ALREADY TOLD YOUR WIFE SHARE IN HOUSE LEFT BY YOUR FATHER IN LAW IS 1/3 OF WHICH SHE IS ABSOLUTE OWNER.IN INSURANCE MONEY SHE (your WIFE)DOES NOT HAVE ANY CLAIM AS SISTER OF YOUR BROTHER AS SHE IS CLASS II HEIR LEFT BY PREFERENCE OF CLASS I HEIRS MOTHER ,WIDOW AND SON.
3 ) If the girl gives in written that she
will not claim on property and same my
mother in law gives in written that
she will not claim on insurance.
ANY PRIVATE ARRANGEMENT CAN NOT BE EFFECTIVE AND ENFORCEABLE VALIDLY WITHOUT REGISTRATION THEREOF AS AT ONE END RELINQUISHMENT OF SHARE IN IMMOVABLE PROPERTY(HOUSE OF YOUR FATHER IN LAW) IS INVOLVED,WHICH CAN LEGALLY BE MADE BY ONLY A REGISTERED DEED BETWEEN YOUR MOTHER IN LAW AND WIDOW AND SON OF YOUR BROTHER IN LAW THROUGH A GUARDIAN(HIS WIDOW MOTHER).
4 ) After point no 3 done, if my mother in
law make a will for a property and
gives all rights to my wife.
YOUR MOTHER IN LAW IS ABSOLUTE OWNER OF HER TOLD SHARE 12/27=4/9 CAN DISPOSE IT OF AS PER HER WISH ANY TIME BY ANY MODE OF TRANSFER,SALE ,GIFT etc,OR BY TESTAMENTARY SUCCESSION(SUCH AS BY A WILL)AND ALSO OF REST GONE TO WIDOW AND SON OF YOUR BROTHER IN LAW BUT ONLY AFTER ACQUISITION THEREOF BY A LEGALLY RECOGNIZED VALID MODE.
5 ) After point no 5, will the boy ( after
his age of 18 ) can make a claim on
that property ?
ANY ARRANGEMENT MADE AGAINST MINOR THROUGH GUARDIAN GIVES THE MINOR RIGHT TO CHOOSE ON BECOMING MAJOR WHETHER TO GO ABIDED OR TO SEEK CANCELLATION OF CONTRACT MADE BY HIS GUARDIAN. THAT WOULD ALWAYS BE THERE.
prabhakar singh
(Expert) 02 September 2011
"One more and the last thing is that;
There was a policy was taken by my brother in law ( known as monthly power saver policy ) that gives monthly regular income6000/- after death.
Now that amount is begin taken by his wife.
Is it possible that my mother in law can claim on that amount ( monthly income from that policy )"
A Rs2000/pm is the claim made out as share of your mother in law.But as told earlier
all this need a succession certificate ,then a suit, and if decided to be enforced the succession and suit must be brought for whole of the insurance claim money(the 1/3 of entire sum involved),if not done as advised, the rest of the claim could not be made enforceable ever in future.
So be warn about it very care fully and also that the claim relates to money and right to enforce it through court is just three years from the date amount was paid by LIC to widow of your brother in law.
girish shringi
(Expert) 02 September 2011
Follow the advice of Mr. Singh.
Paras Jariwala
(Querist) 02 September 2011
I am looking for a good lawyer from ahmedabad or surat for;
"A REGISTERED DEED BETWEEN YOUR MOTHER IN LAW AND WIDOW AND SON OF YOUR BROTHER IN LAW THROUGH A GUARDIAN(HIS WIDOW MOTHER)."
Thanks
girish shringi
(Expert) 04 September 2011
Dear Mr. Paras,
If you serious in the matter and need any guidance in Ahmedabad.If you like I can help you.
You can contact to: girishshringi@gmail.com
My (M)is 9825684186
M/s. Y-not legal services
(Expert) 02 September 2011
