• Widowed sister going to remarry

My Sister was widowed a year back. Then after she is living with my parents. She does not have Father in Law or mother in Law. Both passed away few year back as well. She has a 12 year Old Son. Now we are planning to get remarry. So her Sister in law are threatening her that hand over all property documents or she will file police complaint that because of her, husband committed suicide. Also they are asking insurance money which we deposited on Son's name mentioned that we will keep son and money as well. What we can do. My sister and her new husband wants to adopt that son. But my sister wants insurance money to be kept for son for his career.Do we need to return money and property documents if they adopt son.

Thanks,
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) on husband demise his wife and son are the only legal heirs 

2)sister in law has no share in her deceased brother property . 

3) if her husband left any will in respect of immovable properties , insurance apply for probate of the will 

4) if he died without a will then apply for letters of administration from court . 

5) it wont take more than 6 months . 

6) on remarriage widow does not lose interest in her late husband property . the reason being at time her husband died she was his legally wedded wife . 

7) deed of adoption would have to be prepared and regd if second husband wants to adopt the son 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. Whose property papers are in possession of your sister?.
2. Did your sister's husband i.e., committed suicide?. Is your sister's S-in-Law trying to fix your sister in the case of abetment to suicide?.
3. Your sister need not return property documents to her in-laws,even if they adopt son.
4. Who was the nominee for insurance money?.
5. In whose name the Property is standing?.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1. Well, your sister is entitled to the share of in laws property to the extent to which her deceased husband was entitled.
2. Similarly she is entitled to the insurance money without any share to part with her sister in law.
3. Her sister in law making empty threats as after one year no such of abetment of suicide lies.
4.So your sister can marry anyone to her choice to which she need not give anything to her sister in law. On the contrary she can file case u/s 498A against her sister in law if she continues her tortures.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
Hi, as per provisions of law once you son has been adopted he has no right over the property of biological father so if he adopted the son it is better return the property documents.

2. For insurance money it was in his name you can use it for any other purpose.

3. If the son is not adopted then you need not handover all the documents.
4. One thing you must remember if the adopted father has already one son then he can't adopt the son.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. After the demise of the husband of your sister, your sister and her son is the legal heirs of your demised brother in law's property,

2. Now get all the property of your demised BIL mutated in the joint names of your sister and her son, if already not done so far,

3. Change the electrict connection and tax bills in their names,

4. You sister can very well marry now and retain her share of the property of her demisesd husband along with that of her son legally,

5. She need not pay any heed to the threats or demands of her sister in law and agree to return any moveable and/or immoveable property of her demised husband to any body. There is no such law in our country by which widow shall have to return her demised husband's property to anybody, if she decides to remarry,

6. Record the conversation of her sister in law and lodge a police complaint immediately about her said threat and blackmail.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Hello,
1) Just ignore the empty threats of her sister in law as the widowed sister and her minor son are the rightful heirs of her deceased husband in the absence of any Will he left behind.As his mother passed away no one else has any right. Your sister's sister sister in law has no claim whatsoever.

2) Your sister can remarry without any hassles.Being the biological mother of the child it is your sister who has to decide who has to adopt her child.Her new husband can certainly adopt him and get the adoption Deed registered. 

3) The question of them adopting the son does not arise because your sister will make that decision and no one can veto her decision. Your sister is not required to return the property or the insurance money.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. What are the documents which your sister has in her possession?

2. If the documents in question are related to the properties owned by her deceased husband then she has the right to retain those documents as after the demise of her husband she and her son are the only heirs to him.

3. Your sister is not required to return the insurance money. 

4. Adoption can take place with the consent of your sister and her husband.

5. If any case is filed against your sister then she should contest it fittingly in the court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Since your wife is a widow and her inlaws have died intestate, the property in absence of any other son would devolve on her. the sister can claim right only on the property of the inlaws and not on the insurance money deposited in the son's name.

If such threats are being given then it is advisable to file a police complaint against her and there is no need to return the money or the property documents. If need be, the property of the parents may be partitioned to buy peace.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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