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Partha Chatterjee   27 February 2024

Husband died intestate

A married male passed away untimely leaving a wife , aged parents and an older married brother.He did not leave a nominee / will behind.

Now , the decreased's father does not want to give a penny to the widow and hides everything from her. The decreased worked in a private company but had not left any nominee.The Decreased's father is pressuring her to sign on a legal heir document. She is not very clear of what it means and if its a plot to swindle her off her late husbands compensation .

The decreased's father told her that only he and his wife were his 'nominees' & legal heirs and she had to stay with them , serve them to get a monthly allowance. She is not sure if that is accurate . Also the decreased had some savings in the bank (again no nominee) and she has been told to get a legal heir document. Does this document clarity what percentage of the husband's compensation / savings is she entitled to ? Would appreciate some guidance from the learned community






 3 Replies

Dr. J C Vashista (Advocate )     27 February 2024

The intestate property left behind by deceased shall devolve upon his LRs as per his (deceased's) personal laws i.e. religion professed by him, which differ in Hindu and Muslim 


T. Kalaiselvan, Advocate (Advocate)     27 February 2024

If the deceased person belonged to Hindu religion then the legal heirs to succeed to his estates and assets would be his wife, children and mother.

Father is not the legal heir, he cannot deny the wife of her rightful share.

If he's threatening then she can give a criminal complaint against him for the acts of cruelty and also she can file a domestic violence case against him in order to prevent him from doing injustice to her.

Shashi Dhara   27 February 2024

Let wife file suit in civil court with the help of legal welfare were govt provides free legal help.

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