SBhushan.G (BDM) 20 November 2012

Settlement

Dear Experts,

Recently my younger brother expired accidentally.He was married to my metarnal uncle's daughter 3 years ago.No kids.No Insurance.No Savings.

He was a Self employed and staying along with my parents.Now after his death the girls family is putting pressure on my parents about the assets.My father is a rtd govt employee aged 64 years.

We have two properties(Houses) 1 Earned by my father and another one is my grand fathers property.

In this caase as per law what has to be given to that girl as a compensation.We are confused at this point.Please suggest us a way to talk to them.

Best Regards

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8 Replies

AAK (Advocate) 20 November 2012

Does he own any self earned immovable property at the time of his death??

Chetan Joshi (Advisory/Advocacy) 20 November 2012

Sasi....

In your case, in the absence of a child, your sister in law will continue to be a part of the family and will have interest in the second property(ancestral) as you brother Did.....

She can dispose her properthy via will or a sale of appropriate consideration, a gift of the same property needs consent from other co parceners......

To make it easy to understand...ascertain the estimates value of you brother's share and arrive at a smart compensation.....

Regards

Chetan(dot)7679(at)gmail(dot)com

SBhushan.G (BDM) 20 November 2012

Sir..He dont have any assets..but he has some debts up to 2 lacks.

Chetan Joshi (Advisory/Advocacy) 20 November 2012

What are you talking about...You stated that there is a property of your grand father that exists....

SBhushan.G (BDM) 20 November 2012

Grand father property is there...but he dont have any self earned...and we need to settle his debts as well...

adv. rajeev ( rajoo ) (practicing advocate) 20 November 2012

in the self acquired property of your father she cannot claim anything, but in the ancestral property she can claim her share in the share of her husband.

ANAMIKA VICHARE (LAWYER) 25 November 2012

It is better....moral as well as legal....try to arrive at ancestral property share of your expired brother....

deduct his debts....get it paid...keep proof and pay his wife teh balance amount....

we should not let the things go to the Court every time, we must save national productive time and energy

anamika_vichare@rediffmail.com

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 26 November 2012

S Bhushan G,

Was it motor / road accident??: If so, his wife will get amt from Insurance Co.

I advise to wait for a year, meanwhile pay her say App. 4-5k, for her mtn.

Will cost u sat 50k p.a.

Mean while she may re-marry, as she is alone. She ceretainly need someone for her support lifetime. She has no kid.

Otherwise also , she will support herself by any small working, or help household work, and u mtn her/ trae her as equal family member, as she is ur maternal sister. It is more like INDOOR issues. U & ur decesaed brother can also claim her grand father's property thru ur mother under law!!

So accomodate her, help her. If ur brother in debt, it is not her fault.

I Appreciate Anamika's view.