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Kandavel Murugan (Supervisor)     06 April 2010

property claim by mother on deceased son's property

 

Hello all,

I require clarification on a specific subject.  This is a legal situation of one of my colleagues.  Kindly help me out. 

My colleagues younger brother was employed abroad and during the course of his employment he died in a car accident in the year 2004.   He had insured himself for Rs.50 Lakhs and the insurance company settled the amount to his wife as his wife and kid were the benificiaries.   My colleagues family was not interested in the monetary gains received on their son's demise.  In the interim sister in law of my collegue remarried on Apr 2010 and on inquiry they learnt that the man she is married to is unemployed and gambles heavily on the share market. They strongly beleive that he might only have agreed to this marriage (his first) only seeing the money.  My collegues family had already given the properties like one flat at mumbai and one residential house in their home town at kerala both bought by the earnings the demised younger brother to their daughter in law.  Now it is learnt that she has already disposed off the flat at mumbai.   Further, all other finanical gains arising out of insurance claims from India were also handed over to the wife.  Now the question is whether the mother of the deceased son is entitled to any benefits arising out of the insurance claims and on the property ? kindly please provide me with the sections relevant as it may assist me in my studies as I am a final year law student. 



Learning

 2 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 April 2010

yes mother has equal right among other family memebrs. So she can claim property and all other benifits and even take a stay from court on selling the property and even sold property.

 

Regards

adv.kamal.grover@gmail.com

adv. rajeev ( rajoo ) (practicing advocate)     07 April 2010

yes mother has got equal share in the insurance benefits of the deceased son cause she comes under class-I legal heir.


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