Elder son is dead, property and job claims of elder son clarification

Be brief and specific for consideration and obligation of experts on this platform.

It is advisable to consult a local prudent lawyer 

Please trust a local advocate when the remedy is required as expeditiously as possible.

You have not mentioned whether your Son had passed away without writing a Will. Since he passed away at a young age, it is presumed he died intestate. Further, it is not known who is the nominee for the PF, etc benefits that may be paid by the Employer.

When Hindu Male dies intestate, his properties shall be shared among Class-I  relatives. Class I heirs consist of the immediate family linked by the male. It includes wife, son, daughter and mother. All the people in this class shall equally divide the share among themselves. Class II relatives shall not come into picture in your case as Wife Mother and Children as Class I relatives are there.

However, here in your case there is sharing of liability of the hospital/medical expenses borne by you, even by availing a loan, which should naturally be deducted from the value of the estate and the net assets are to be shared by Class-I relatives as noted above. This is provided, you can prove beyond doubt the authenticity of the spending towards treatment and medicines with required proof of documents, etc.

Since you are not on good terms with your Daughter in law the only alternative is to go for partition through court for both assets and liabilities.

Therefore, you may consult a reliable local Lawyer with full particulars and seek his/her advise at the earliest and act accordingly.

In case, your Son had written a Will, the provisions of the Will shall have to be followed in which case the liability incurred by you has to be placed before the beneficiaries for favorable consideration through family meetings and involvement of elders. If the matter cannot be resolved amicably, going to Court is the final option.The last lines in your query are very relevant and you may ask for payment of the medical expenses incurred by you. 

In any case, try to resolve the issue amicably without going to court duly involving family elders from both sides.

Dear sir, thanks for your quick response, the sone is not written any will, plus my daughter in law is in progress of second marriage even befor these discrepencess are settled hence I am worried about the control of the situation please advise.

Madam, 

Since your Son had passed away intestate, you as one of Class 1 Legal Heirs shall get your share. If all persuasive methods through family meetings involving other elders from your side and elders from her side fail, it is better you consult a local reliable Lawyer with full facts and seek legal intervention through Court. This may be the last resort which may take some time (in fact a long time) before the matter is properly and finally settled. 

Greetings!

Since your son's demise the property devolves into class I heirs. Who are namely his wife, children and mother. 

Given the fact that heirs belonging to all these categories are present, it is wise to file a Testamentary case. And seek relief from court for the allocated share of each asset belonged to him. 

Further a request can be made to court to order that the debts are all to be borne by the  heirs of classI. In this scenario bank which lend the money also has to be a party to the case. 

Rather than contesting each other's right. Amicably and jointly seeking court relief would make the process much faster.

Regards, 

Kawmini Liyanage 

Mother gets 1/4th share of her deceased son if he died interstate Dil 1/4thsharegrand children s  each 1/4share ,file suit for ur share .