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m.k.r (none)     04 March 2015

Rights of legal family-father dying at mistresses

Hello! My father is dying from pancreatic cancer at his mistresses house. The doctors cannot do anything more for him and he is likely only around for a few days. He's legally married to my mother. In the last few months, he's sold off all his assets and distributed them between his 2 mistresses.

 

What happens with his body when he dies? Does my mother and or brother have any legal rights to claim his body and perform last rights? 

 

Thank you for any help.



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 8 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 March 2015

Dear, In general the eldest child gets the right of cremation . But legally I have never gone through such kind of a situation..... Kapil Chandna Adv 9899011450

m.k.r (none)     04 March 2015

Thank you. Where else can I look for information on this?

 

Also, would the death certificate have the mistresses name or my mothers?

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     04 March 2015

Irrespective family difference, when kin and kith is dead, all come together and  do his last rights so for you. As far as death certificate is concerned, you may take or elders heir may take, you may still  then apply and get copy from concerned authority.

R.K Nanda (Advocate)     04 March 2015

ur mother has full legal right to claim body of her deceased husband.

 
Thanks,
 
You can also opt for CLICK TO TALK option for more legal advice on mobile.
 
 
 
 

anjalibhandari   04 March 2015

The death certificate will have your mothers name as she is the legally wedded wife....Anjali Bhandari Adv. 9717818148

anjalibhandari   04 March 2015

The death certificate will have your mothers name as she is the legally wedded wife....Anjali Bhandari Adv. 9717818148

R.K Nanda (Advocate)     04 March 2015

death certificate is always in the name of person who has died. his wife can apply in MCD to get it.

 

Thanks,
 
You can also opt for CLICK TO TALK option for more legal advice on mobile.

m.k.r (none)     05 March 2015

Thank you all.


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