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Kiran (Employee)     18 April 2010

Please answer my queries...

my name is kiran, acquired US citizenship last year, having two kids both born in USA. i lost my husband two years back.

my mother in law, gifted her house to my brother in law last year. house was her own property and she had purchased the same.

my query is does anyone of us (me or my kids) has a right to claim our share in the house.

also, please let me know if my mother in law or father in law has any right in the insurance benefit received by me. thanks.

thanks

kiran



Learning

 4 Replies

Bidhan Dave (Advocate)     18 April 2010

As the house is self acquired property of your mother in law, she can give away the house to any person. Under the circumstances you or your son can not claim any right.

If you have received insurance benefit as nominee of your husband, in that case you are only trustee of the insurance amount & your father in law or mother in law can certainly file claim against you in the court

Rasik Dagli (Lawyer)     19 April 2010

agree with Mr. Bidhan Dave as far as first part is Concerned.  As the property was a self acquired property of you Mother-in-Law you or your kids can not claim any right or share in the same.

However, I do not agree with Mr. Dave regarding proceeds of Insurance Policy. If your husband has Nominated you to receive the Insurance money in the event of unfortunate death of the Insured, you and your kids are intittled to the same by exclusion of all others. Your Mother-in-law and/or father-in -law can not claim any right or share in the Insurance benefits received by you.

RASIK DAGLI

Advocate.

Bidhan Dave (Advocate)     19 April 2010

Adv Dagli,

Kindly go through the attached judgment. I'm sure you will change your view


Attached File : 37 37 insurance nominee.doc downloaded: 95 times

haritha reddy (teacher)     30 April 2010

Hi all,

I am legally divorced, and remarried. I have a daughter of she is now at the age of 21, so far legally my husband did not adopt her,  but

all the nominee column my daughter name is there.

now when i applied for passport, they told that biological father name only should be filled,

please answer:

can my husband as stepfather go for adoption now.

1.  how to legally make her nominee.

2.  are there chances to legally adopt and put stepfather name in passport.

3. In case if she goes abroad for job as a stepfather will he get visa to travel with her.

please answer and advice me it will be helpful to me.


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