Dinesh Salaria (Engineer) 12 February 2010

rights of a women

gents

just for a thought i come to know from the gentleman I would like to make a querry or thought to everyone on the site and feel everyone should think on that and do their part.

As per the Law if someone want to will his self acclaimed property to anyone he can but if some one put a thought to it the legal heirs where they will go specially the case i projected in which wife is about seventy year old, illitate have no source of income and have no property in her name will do if the sons/daughters turn their back to her. also other way if the children are minor and wife of the deceased get married to someone and don't take care of the sons and daughter.

I personally feel if someone husband or wife who spend life together and one of them died the other should be the only owner of the property (moveable /immoveable) and if the other partner want to get married then property should be divided among all the legal heirs.

Few days back i was reading in the newspaper the news about a kargil shaheed Mr Sharma who died in the war and her wife took all the benefits and got married to someone else and the parents of the shaheed under debt of 14 lakhs from the bank which the son has taken from the bank to build the house.so who is to take care of the parents of the only son. parents take care of may be 10 sons daughters but 10 together can't support them.why the law has nothing for them.

soorry gentlemen if it is not the right place to do this but something from somewhere to start so i wrote this message so that everyone on this site atleast make future secure of their loved ones. t

hanks

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 12 February 2010

the decesed person parents can file a suit for partition of their share in the properties of their deceased son.

being a class one legal heir of the deceased mother can file suit against her daughter-in law claiming her share in the benefits of the deceased son.

Anil Agrawal (Retired) 12 February 2010

The problem is their age when no help is forthcoming. Civil cases will linger on and the old couple may not see the fruit of their labour. They could have imagined what the daughter-in-law would do to them. Government would have seen to it that they too were provided for out of the benefits but obviously they did not claim it then. The death of the son is too shocking to think of these things but the ground reality is totally different.

Bhartiya No. 1 (Nationalist) 12 February 2010

Law has provision for everything/everyone, but delay and paraphenallia attached is killing it. In my area one partition suit of 1957 is still undecided.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 14 February 2010

Mr. Dinesh, Your thought is o.k. There is a responsibility of educated persons also. The educated persons have to enlighten the uneducated people. As far as justice is concern every professional in what so ever field must inform to the lawyers on behalf of illeterate. The lawyers look after the justice to the public.That is why law profession. Indeed.

Anil Agrawal (Retired) 14 February 2010

There is a song alluded to late Martin Luther King which reads WE SHALL OVER COME.

I don't know about other countries but in India, I can safely say that WE SHALL NOT REFORM.

Look around and we shall find that there is not a single family that has not been ruined because of the socalled blind love for children where the property owner (say father) has not, during his life time, settled, gifted, sold, transferred the property to his children and left them to fight bitterly after his death for a share and generations to come suffer. We all know the consequences of the blinded love of a blind king (Mahabharat) and still donot learn anything. See what happened when Dhirubhani Ambani died. A bitter fued emerged that never ends.

In India, the will was unknown before English conquest

Although most people are aware that they need a will, as many as 66% of Americans, according to Consumer Reports, don't have one. Among the notables who died either without a valid will or with no will at all are Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, James A. Garfield, Howard Hughes, Martin Luther King, Jr.,Rocky Marciano, Steve McNair, Tupac Shakur, Kurt Cobain, Buddy Holly, Lenny Bruce, Billie Holiday, Marvin Gaye, Sam Cooke, Cass Elliot, Sonny Bono, Tiny Tim,Karl Marx and Pablo Picasso.

The longest known legal will is that of Englishwoman Fredericka Stilwell-Cook. Probated in 1925, it was 1,066 pages, and had to be bound in 4 volumes; her estate was worth $100,000. The shortest known legal wills are that of Bimla Rishi of Delhi, India, and Karl Tausch of Hesse, Germany; each consisted solely of three words.