Husband of my sister died recently. He was working with govt department but all ancestral property is still in the name of his father. His mother (mother in law of my sis) is still alive.
Can you please advisse about the legal rights of my nephew (son of my sister) in the ancestral property of his grandfather & the immeddiate remedy to stop his grand father from disposing of or transfering the property in the name of her daughter or son in law.
Briefly the case is as below;
My sister and brother in law both had 2nd marriage in June 2007. My sister was widow her husband died ue to lever cyrosis discease and b in law was divorcee. Just after few days the in laws and her husband started maltreating beating her and forcing her to bring more dowry. She was forcibly shifted another place another town by shifting her luggage in her abscence by her husband with in about 3 months. The place where she was shifted at that time was completely isolated developemnt and the flat was at 5th floor without any elevator so she had to walk upo down even during her pregnecy. During this period she got pregnent. With in next few days her husband beat her again there and locked the door threw her away out side the house.
We had to approach authorities and the case was filed against the family. Now the case was moving on & during the period in April 2008 she gave birth to his / her son.
Now few days back her husband died they never intimated us of the death. We came to know about it three days later and attended fulchugn a ceremony. But as our relegious rites requires to lit pyree to her son was never given this opportunity. They tried to misbehave with us even there when we went to disperse last remains.
Now the question is they are totally ignoring his son and we can under stand that they will never give his legal right from their property. They have few acres of ancestral agricultural property, urban propertyetc. At the same time he was working in the govt department. My sis is also working in the govt department. Her son is now about 3 yrs 9 months.
1. Please advise what remedy and actions we can take to protect the legal rights of both my sister and her son.
Is it possible to acquire his legal part in the property.
2. Who can legally claim and get post death service benefits e.g. insurance, pension, gratuity etc etc?
Your immediate advise will be very much appreciated.
Thanks & best regards