• Is maintenance payable to unmarried sister-in-law on getting employment in place of husband?

Mr. X was an employee of a PSU died in harness in Dec,14. In the said PSU provision exists for employment of one dependent on submission of claim and required documents including an affidavit for maintenance of family members of the deceased.
Mr. X was married and his parents were predeceased. He left behind his wife Mrs. Y, two unmarried sisters (one elder and other younger). Elder sister was in employment in the same PSU and after retirement, she is getting monthly Penson. The younger sister (Miss – Z) is unmarried. 
The deceased has two brothers (One elder and other younger). Elder brother was in employment in the same PSU and getting pension after retirement. Younger brother is still in employment in the same PSU.
Because of the Maintenance Affidavit submitted by Mrs. Y (wife of the deceased) for getting employment in place of her husband, Miss Z ( unmarried sister-in-law) has served an Advocate Notice to the employer claiming payment of maintenance.
Now question arises whether wife of the deceased, who has been offered employment against death of her husband, is at all legally liable to look after her un-married sister-in-law only because an affidavit had to be submitted for maintenance dependents of the deceased husband? Be it mentioned that said sister-in-law (Miss-z) has got one elder brother who has retired from the same PSU getting pension, other brother is still in employment in the same PSU and elder unmarried sister has retired from the same PSU getting monthly pension. 
Employer has written a letter to Mrs. Y taking reference of Advocate notice served on behalf of his client “Z” to fulfill her commitment for payment of maintenance .
Content of the affidavit is as given below:
AFFIDAVIT

I, Smt Y w/o Late X, by faith Hindu, presently and permanently residing at_____________, do hereby solemnly affirm and declare and the statements made below are true to the best of my knowledge belief. 

1.	That my husband Late X was employed at _________ Colliery of ECL.
2.	That my husband has expired on __________ at __________________.
3.	That if I join service on behalf of my husband then no objection from anybody from my family members will arise.
4.	That in the event of my employment, I will look after the dependent family members of Late X and I also declare and undertake that if I fail to maintain them, management may share 50% of my salary for their maintenance.

	Sworned and signed this affidavit at __________________ on this the _____________Day of ______, 2018.
Asked 5 years ago in Family Law
Religion: Hindu

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14 Answers

 maintenance is payable to un married sister in law by deceased brother wife as she was granted employment only on condition that she would maintain dependent family members of her late husband 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Yes, you will be required to maintain your un married sister-in-law, as you are obliged to do so under the law, i.e., in terms of section 125 of crpc. Also, having once furnished an affidavit, where under you gave an undertaking that you will maintain the family members of your deceased husband, you cannot resile from your earlier stand.  

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

As per 125 crpc unmarried sister can claim maintenance from deceased brother wife but unmarried sister can not have right to claim deceased brother job without consent of deceased brother's wife.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See if unmarried sister is major and she is able bodied then legally the maintenance can be contested as if before the demise of Mr. X she was mainted by X or not further there are other brothers who can take care of her.

Further see if she cannot maintain herself then maintenance is payable otherwise she is not entitled to maintennace but in case such affidavit.is given then she has to pay maintennace to sister in law.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes she has to maintain the umarried non employed sister in law and not the employed one

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Please be aware that after the death of husband wife is the first legal hair of the husband to get the job in place of so far as maintenance is concerned the sister in law can not only claim the maintenance from the one brother how were there are other Brothers in the family and everybody has the equal responsibility to maintain the unmarried sister.

 if PSU do not have for the position to the wife she can go to the high court and file a mandamus writ petition against the PSU to get the direction from the high court in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Client,

This condition is valid, if sister absolutely dependent on him, if she was not than above conditions will  not violate if you refuse to maintain her and any deduction from salary, you can get court stay even after executing this affidavit.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

As per the said affidavit you are liable to take care of the the dependents. But if you prove that they are not dependents and they are well to do as pensioners for the same job then you may have some defence.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

As per law the sister  is not a class I legal heir of the deceased brother.

The sister can claim rights in her deceased brother in the capacity of class II legal heir only when there is no class I legal heiravailbale for the deceased tro succeed to his estates.

In you case, since there is a class I legal heir i.e., Mrs. Y to succeed the deceased husband, the claim by sister in any capacity is not maintainable.

The employment on compassionate grounds is given to the class I legal heir of the deceased and this affidavit is not binding for the wife of the deceased to maintain the unmarried sister in law for whatever the reasons be.

She can claim maintenance from her living brothers and not from the deceased brother in the absence of her father.

In my opinion her claim is not tenable in law, but you may have to fight it against properly and strongly.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1. The brother has no legal liability to maintain his adult sister either under the provision of section 125 crpc or under Hindu Adoption and Maintenance Act.

2. So the affidavit Y furnished while applying for the job in place of her husband, has no legal force as far as claim of Z to claim maintenance from Y.

3. So whether Y replies such notice or not, she is not liable to maintain Z. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1.The wife of the deceased husband is not liable to maintain her sister in law under any circumstances..

 

2. Even her husband was not legally liable to mainter her said sister in law during his lifetime.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. In the first place no right accrues to a woman to seek maintenance from her sister-in-law. 

2. The affidavit given by the employer is illegal. The deceased's wife can file a writ petition in the High Court to declare the affidavit as illegal and unconstitutional.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir/Madam,

Yes,  wife of the deceased, who has been offered employment against death of her husband, is at all legally liable to look after her un-married sister-in-law.

As per the rules and regulations of Compassionate Appointment by the government she has already undertaken responsibility of dependents of the family by giving affidavit accordingly.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

the wife(widow) has only the rightful owner of all the property and other benefit of her husband after her death as there is no other legal heir/successor of the husband is alive hence wife's claim is rightful and her sister-in-law has no right to get maintenance legally.

 

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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