Pralay (Software Engineer) 26 May 2009

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My brother-in-law died intestate leaving behind his wife, son and father. He left behind a significant amount of property and some amount of liabilities also.His wife is an govt. employe e and she is a complete adaltrated women.She had no imotion for his husband as well as this family also.Now she is all after his property and she is harrasing her physically and mentally crashed father-in-law in all the way she can.My questions are.......

1.We know that after getting the money she will marry some other man immidiately....in that case the child will be the most deprived one.....so can his grandpa save his fathers property for him in any way?

2.Though she is an govt. employee can she take charge and run of her husbands company by her name?

3.Please advice

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1 Replies

A V Vishal (Advocate) 26 May 2009

Dear Pralay,

You have not mentioned the religion of the deceased, in such case I am assuming the deceased as a Hindu and Accordingly answering your query. The Hindu Succession classifies the wife and son of the deceased under Class 1 heirs, similarly the father of the deceased is classified under as class 2 heirs. The property of the deceased is first distributed to class 1 heirs and subsequently to class 2 heirs. Further you did not mention the age of the child, if he /she is a minor, then the mother will be the guardian of the child and the child's share of property, till the child attains majority, if the child is a major, then the question of guardianship does not arise. However, if the Grandfather of the child can prove to the court that custody of the child and property with the mother of the child is detrimental to the interests of both the child and the property, then, the court may grant guardianship to the grandpa.

Answer to query 2 that whether she can run her husband's business is negative, since she is a government servant and she is ruled by the relevant service rules of the department where she is working.