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Ramit Tandon   08 May 2017

Maintenance for kids...

Hello Experts,

Need your expert guidance. This is regarding one of my relative.

She got married in the year of March 2010. She also have two daughters. Currently one is of 5 years and another is 2 years old. In the year 2015 her husband got expired in an accident. She is a homely lady, and somehow managing to survive by working in a day care school. Her In-Laws do not care how she and her daughters are living. Now my queries are:

1. Does she have some rights in her In-Law's property. If yes then how she can claim for that. 

2. Her In-Laws asking her to live with them, but their behavior towards her and her daughters are not healthy. Also her In-Laws live in some remote location in Haryana. And she do not feel safe for her and her daughters, living there alone.

3. If she wants to re-marry, what are the complications. We know that she cannot claim her share after re-marrying. But what about her daughters. Will her daughters also loose their rights from her fathers property.

4. Also if she re-marry, can her In-Law ask for the custody of her daughters, which she don't want.

Please guide so that she can get some sort of help from them.

 

Thanks you...



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2017

She  will have to get the heirship certificate through the court. So contact a local advocate. She , her daughters  and her  mother in law are the legal heirs of her husband as per hindu law of succession. So get the heirship certificate from the court and get the names of the legal heirs mutated in place of her  husband's name in the property extracts.

The Hon’ble Bombay High Court in a recent judgment has ruled that a widow, even after she has remarried, has the rights over her former husband's properties.

1 Like

Lawyer, Bonum Lex LLP (Law Firm)     08 May 2017

As per Indian laws, children will inherit property from their grandparents especially if it is ancestral unless they will this property in favor of someone else.

1 Like

Ramit Tandon   08 May 2017

Thanks a lot...

Can her in-laws ask for the custody of childrens...?

A walk alone (-)     10 May 2017

Her in - law may not get custody as children mother is alive.

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