Brother's death : second wife's claims
Ram
(Querist) 03 February 2013
This query is : Resolved
Hi,
My brother recently died in an accident.He is survived by his wife and 2 kids who have been living separately due to irreconcilable differences, but never divorced.
He also had another woman in his life and had a baby through her after he split with his first wife, however never married/solemnised.
When he was alive, we never let his second wife into our house, as it was an illegal relationship.
However, we let her witness the ceremonies after his death. My mother also spoke some kind words to her and the child.
Now, after his death, the second wife is placing a lot of demands with threatening tones, some of which are - buy her a house, get her married, pay her lifelong maintenance, etc
Now we know most of her claims cannot stand in the court of law, but i need clarifications please:
- What precautionary steps should we take to avoid this situation turning worse? what worse could happen?
- Though we originally thought of helping her out, now we are very apprehensive that she could be a problem long term, so can or should any settlement be legally done to protect us?
Is there a sample case whose verdicts we can reuses?
thanks a lot,
Ram
Raj Kumar Makkad
(Expert) 03 February 2013
1. You never allow her to enter in your house and keep her away. If need arises, lodge a police complaint against her.
2. There is no need to do any settlement rather it shall increase the worsening of the situation. It shall be better to bring the wife of the deceased brother in picture and claim entire belongings of your brother. The claim petition under MOV Act should also be got filed by the legally wedded wife and children of your deceased brother and she be provided full respect in your family.
3. Every case is unik in its nature and precaution is the only solution to your problem.
B.B.R.Goud.
(Expert) 03 February 2013
legally wedded wife, her children only having the maintenance as well as property rights. but ur brother's illegal wife's child(legtimate child)also get the maintenance rights till marriage or till get the livelihood up to certain age... for further details, u may contact ur local lawyer.
ajay sethi
(Expert) 03 February 2013
dont entertain your brother mistress . since marriage has not been solemnised she has no claim .
your brother had not divorced his first wife .she would be entitled to claim under MOV Act
however the child of the live in relation ship would have claim on your brother property .
Raj Kumar Makkad
(Expert) 03 February 2013
Try to disown the relationship of your brother with that lady and her children and let her prove her relationship and till then handover entire estates of your brother to his legally wedded wife and his children.
Ram
(Querist) 03 February 2013
thanks for the information so far, much appreciated
Sudhir Kumar, Advocate
(Expert) 03 February 2013
she can do nothing except shouting and threatening. But can certainly achieve maintenance of her child and his claim in property.
You can take precaution by meeting a local advocate.
