Hello Everyone, our elder brother passed away on 13th due to cardiac arrest in Hospital(hospitalized due to COVID positive). my sister in law not staying with my brother from oct 2020 and staying with her mother family.she and her family blocked my brother number and my brother not able talk to her Kid(2yrs old).he informed to her friends and relatives but no kindness. as he not able to see her daughter at least by video call.so he mentally so depressed and become alcholic and covid positive on 5th May. once his oxygen levels down,immediately after doctor suggestion,hospatalized with oxygen bed on 10th May night. My younger brother and mom informed to my sister in law and asked her to come to hospital.But she not called my brother and not come to hospital. on 12th May,my brother called cousin and requested her to inform wife and asking to video call with her baby.but no mercy in my sister in law and her mother.they not even called. finally on 13th morning, my brother passed away with cardiac arrest.then that time also my younger brother informed but she told that she cannot come and just send cremation video. now she and her mother reaching us and asking Death certificate to cliam insurence and company comepensation. Now my mom worrying on Kids life,how we can proceed legally so that no peeny handedover to my sister in law and everything given to my brother daughter legally with guardian as my mother. even if she receives death claim money,how we can force her to use daughter education but not her family personal things. Need advise on this,how to proceed legally. my younger
- Your mother should file a compliant against her behaviour and thereby inform the police official for all the cruelties done by her and further inform the insurance company to stop any payment to her .
- If no response , then she should file a case before the court for restraining her from taking custody and insurance amount .
- Further, your mother can also file a petition for guardianship after the death of her son on the ground of cruelty done by daughter in law.
On brother demise your mother his wife and daughter are legal heirs having one third share in property
his wife cannot be deprived of her share in property as brother died intestate ie without a will
she can use her share in property for any purposes she deems fit
As your brother is no more you cannot force the authorities into not giving her the money/insurance/his aelf acquired property.
She will go after these things. But you may file for custody in a district court and file a petition in the high court for illegally detaining the child immediately if she doesn't hand over the child.
A petition to deposit the money in his child's name should be filed along with the custody case.
Dear Sir/Madam,
We are sorry to hear about your loss.
1. Please look at who is the nominee selected by your brother, as per the life insurance policy. A nominee to the policy cannot be changed after the death of the life insurance policyholder. If your brother's wife is not a nominee, then she is not entitled to any money.
2. Since your brother's daughter is a minor, her natural guardian is the mother in your case and there is no legal approach that you can adopt to ensure that the compensation is utilized according to your wishes, as the mother will be handling the minor's finances. When the mother of the minor (child) is alive it is not possible to make the grandmother as guardian unless you can prove to the court that the mother is of unsound mind.
3. You may have to file a case in the Court on the ground of criminal intimidation by your sister-in-law. Have sufficient proofs to prove the allegation.
Thank you
- His wife already have custody. It will be very difficult to get custody of daughter.
But your mother can file guardianship case.
- Your mother, his wife and daughter are class I legal heirs having one third share each in property.
- Because there was already issue in relationship and she was not interested to see him even in video call, it had to be taken care by WILL.
Unfortunately this was not done.
Now his wife cannot be denied of her share in property without a WILL.
- His wife can use her share in property as per her wishes.
- Daughter share can be locked to be used properly.
Your mother can apply for Insurance money and claim money 100% to retain with her and return once child of your deceased son become major age.
As per Insurance law mother is eligible to get equal rights along with his wife and children as legal heirs.
Kindly apply for Insurance claim first by your mother's name.
The insurance death claim amount or any other properties left behind by the deceased shall automatically devolve equally on his legal heirs consisting his wife, child and his mother.
Your mother can intimate the insurance company to not to settle the claim amount to her daughter in law alone and to settle one third amount to your mother. She can file an injunction suit as well as direction to the insurance company to settle her legitimate share in the claim amount directly to her.
As far as the share of the child is concerned, the biological mother being the natural guardian in the absence of its father, she shall be the sole custodian of the wealth and assets belonging to the minor child.
There is no law forbidding the mother to be the guardian to the minor child until and unless the mother is declared lunatic or harmful to the child considering the safety and welfare as paramount in respect of the minor child.
Therefore instead of fighting a losing legal battle in this regard, your mother can claim her share in the claim amount and deposit the same in FD in the name of the minor child and appoint any other person as guardian to the child in respect of this FD amount.
1. The class 1 heirs of a Hindu male dying intestate are his mother, widow and children. So his widow cannot be excluded from succession to his movable/immovable assets if he passed away interstate.
2. You cannot force her to use any part of the sum inherited by her on education of her daughter.
1. Under the given circumstances, your sister in law is entitled to inherit all the movable and immovable properties of your brother, since deceased.
2. She being the natural guardian of her daughter is legally entitled to retain her custody.
3. So, the only course of action before you is to ensure that your parents (if they are alive) conveys all their properties in favour of all the living brothers and sister of yours so that your sister in law can not claim her share of your deceased brother's share of your parents properties, after their demise.
Dear Querist
As per Section 10 of Hindu Succession act-1956,
