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Sameer12345 (SSE)     26 September 2011

Son after husband death

Please give expert answers to below of my queries.

1. can wife forcefully send son to mother-in-law or brother of husband in case death of husband? ( For the purpose of remarriage after husband's death)

 

2. Does wife has any legal rights over the above?

 

Thanks



Learning

 8 Replies

Sameer12345 (SSE)     26 September 2011

Another thing is that... Husband and Wife are seperated ( not legally ). Wife is at parental home since Dec 2010 for pregnancy. Didnt shown any intension to come back. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 September 2011

Dear sameer

The wife have rights in her husband property and she is also send the son to his mother-in-law's home.

Sameer12345 (SSE)     26 September 2011

Husband and wife are never lived with mother of husband. They lived in their own residence for only 6 months. Wife went fot pregancy and they never rejoined.

How can wife after death of husband put a burden of child on mother in law ?

Tajobsindia (Senior Partner )     26 September 2011

1. Grandson can be sent to your MIL's home provided they accept him into their home. There is no Law of the land where force can be applied for reason mentioned in your bnrief (that widow DIL wants to marry hence the son born after death of her late husband forcefuly sent to MIL's home).


2. Wife and / or widow grandson has assets rights provided late husband has left any and or acquired any during and after marriage.


3. Brother in Law may be approached in case your MIL refuses to keep grandson in her home and in both cases Law can only be used by them and not by you in presented briefs scenario i.e. either and or jointly they may apply for custody of child provided if they are are willing to do so.

 

PS: You / your here are generic not meant specifically for you but to the facts of the briefs.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

Mother can not force anyone else to keep the child.

 

Sad scenerio for the child to be unwanted by everyone :-(

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sameer12345 (SSE)     27 September 2011

I have found a peace from replies from experts.

@ Shonee : Well, Even if husband wants a whole and sole custody during his lifetime, You know, Its hard to achieve. Being father, always wish that child stay with him.

Nobody knows, Seperation last forever and one day anything can huppened.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

Sameer

 

I have seen various kind of tiff related to child. Alas, but very few have real welfare of child in mind, most want to possess child. :-(

 

Sad but true and honest feelings.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

STRANGE MOTHER!!

MAKING  THE CHILD LIKE A FOOTBALL..


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