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shankar vm   25 December 2021

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

Dear Legal Team

my name is Saraswathi and I have two sons and one daughter, now my elder son has passed away two years ago due to cancer, and followed by there are a few disputes I am suffering from for which I need a piece of legal advice and rights does our constitution law says to my situation.

now my elder son @ 34 yrs (passed away) has a wife (29 yrs MBA graduate) and two children (son and daughter) my elder son suffered cancer and passed away with huge pain, post his death my daughter in law forced me and my husband out of my elder sons house by abusing and disrespecting.

for my elder son treatment, we have borrowed nearly 25 lakhs of money for his treatment and we are paying interest and now post my elder son death we thought of claiming my elder sons office settlement money to clear our dues which is borrowed for his treatment but since we are being thrown out of my sons house by leaving us to suffer the credit burden plus the house which was on my sons name through bank loan is also in the custody of my daughter in law.

as a mother, i knew i will have some legal points to have my share but i want to know how strong is the law to protect me from my credits i borrowed for my son's treatment. (my daughter in law never did any efforts for my son's treatments).

additionally now since two years passed since my elder son's death now my daughter-in-law is getting ready for second marriage and i have all the below questions with me to know how the legal system can support me and my elder son's children's future.

Questions need advice from a legal perspective.

  • How many shares can I benefit from my son's company settlement?
  • how many shares can I benefit from my son's house from which I have been forcefully thrown out?
  • how many shares will my grandchildren get from my son's office settlement?
  • how can the house be protected for my grandchildren's future?
  • Now the house is been leased out and all revenue is been utilized only by my daughter-in-law, how can this revenue be shared with me and for my grandchildren?
  • If my daughter-in-law gets into second marriage then will she still have full rights over my elder's son's office settlement and house?
  • how can I make my daughter in law also equally responsible for the money borrowed for my elder son's medical expenses?
  • for the shares allotted to my grandchildren can they be legally frozen till my grandchildren become major?

based on human ethics i completely understand my daughter in law have equal rights and share on her husband belongings but it also should be on debits and not only on credits

 



Learning

 7 Replies

Dr J C Vashista (Lawyer)     26 December 2021

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

It is advisable to consult a local prudent lawyer 

G.L.N. Prasad (Retired employee.)     26 December 2021

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

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 December 2021

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.

shankar vm   27 December 2021

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.

 

 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 December 2021

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. 

 

 

Kawmini Liyanage   27 December 2021

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 

Shashi Dhara   29 December 2021

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 .


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