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john (na)     09 July 2017

Sister's children_urgent

Hi all, My sister passed away last may 16. 12th of may she requested myself to take care of her children. Because she not interest to give children to her husband and family. Now boy age 16 years Girl baby age 5 years.. Boy came to me but my sister husband not giving girl baby to me or my mother. Any procedure to get baby from him. And my sister husband not giving money to his son fees and Give suggestion. Urgent. Thanks


 8 Replies

Ms.Usha Kapoor (CEO)     09 July 2017

You can file a case in court under Hindu Minority and Guardianship ACt read with Guardianship and wards Act if the court is convinced that  you can better serve the welfare of the children rather than  their father who is a natural Guardian court would appoint you as Guardian AND  handover CUSTODY OF CHILDREN IN ADDITION TO MAINTENANCE  FOR THE CHILDREN. from their father.ACCORDING TO COURT CHILDS WELFARE IS THE PARAMOUNT CONSIDERATION. HENCE YOU MAY GET GUARDIANSHIP  AND CUSTODY OF CHILDREN  FROM CHILDREN'S WELFARE POINT OF VIEW.

Kumar Doab (FIN)     09 July 2017

The children shall be with Father.

1st;Generate irrefutable evidence of improper care, upbringing of children by father.



KS Johal   09 July 2017

You need to convince the court that you are in a better position to serve the children then their father. The advice given to you as above is also of paramount importance, which should not be ignored.

KS Johal   09 July 2017

Word 'then' should be 'than'. Sorry for the mistake.

Kumar Doab (FIN)     09 July 2017

Thanks for agreeing Mr. K.S.Johal.

john (na)     16 July 2017

Thanks all your reply. But my brother in law motive to get my sister death benefit. And get pension. And not return jewellery which is presented my mother to my sister and he arguing my sister son not born for him. This is very worst behaving. How to resolve although things....

Kumar Doab (FIN)     16 July 2017

The death benefit is from some instrument of investment or service/employment?

Who is nominated?

The personal law/succession rules may decide the matter....



Kumar Doab (FIN)     16 July 2017

On what grounds your family want to claim the  jewels of deceased wife?

Here also, sucession may set in and be a deciding factor.

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