Right to meet Grandson

Querist : Anonymous (Querist) 03 April 2011 This query is : Resolved
Hello All,

We r going thru a very rough patch of life . I have lost my younger brother who was just 37 years old .Its just 15 days that he has expired.His only son is just 1 and half years old.

Immediately after his death his wife is acting strangly . She has started staying to another floor of a house which was vacant and is under renovation . This floor my mother just purchased a month back and it is in my mother's name. My brother's widow is staying there with 15 of her relatives and they are not vacating our premises . Now she is not even allowing the Kid (1 & 1/2 year old ) to meet us .Earlier she was staying with us only at another floor of the same house.

I just wanted to know can my mother claim in the court of law that she should be allowed to meet her grandson who is with his mother .Can my mother ask for his only grandson's custody ? What can we do to meet our brother's son.

Pls advice.Thanks in advance.

Regards

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Kirti Kar Tripathi (Expert) 04 April 2011
Since, mother is natural guardian of kid as such she is entitled to keep custody of her child under the law unless extra ordinary circumstances are arises. However, the other family members have rights to meet the kid. They can claim the custody of the child, if they can prove that the kid welfare is with them. In case, doughtier-in-law refuses to to allow grand mother to meet kid. the mother-in-law can take shelter of court.

Raj Kumar Makkad (Expert) 04 April 2011
This is not a legal rather a psychological and sentimental problem. As only 15 days have expired after death of your younger brother and his widow might having some suspicion in her mind about the cause of his death and this is very short period. Wait for some more days. After all her relatives shall also have to move their houses and meanwhile you all should try your best to make the atmosphere cool and calm rather asking legal ways. Your mother is owner of the floor no doubt and her right be not going to be infringed but she is not entitled to get custody of her grandson who is already in custody of his natural guardian mother. The widow of your brother requires sympathy and support at this initial stage rather legal battle on your part.

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