Can this wife seek claims
Nima Lama
(Querist) 09 January 2014
This query is : Resolved
I had a Brother in law who was working as a Commercial Tax Employee in Bangalore he passed away on the 21st Dec, 2013 in a very sad state neglected on the road and brought to a government hospital where he died giving details of my wife - his sister as an emergency contact. He was married to a woman in October 2006 and soon got separated after 3 months. The woman had filed many cases against him from dowry, compensation and finally a Judicial separation which was initiated in 2007 and granted in 2010 as he never came to the family court as a respondent challenging her claims of sexual harrassment to violence and everything that was possible to get Judicial seperation. He was mentally distured with the turn of events and was not able to handle it well. This took a toll on his physical health too. He had attempted suicide twice and they are recorded in the Police station as well as the Hospital in Bangalore. He had even been to rehabilitation center in Kolar Karnataka. All this while the support was only provided primarily by his sister my wife and also by his friends. The so called wife was never in picture for more than 6.5 years. In Jan 2013 when he commited suicide he had written a will in my sons name whom he loved dearly and also wrote a death note blaming his wife as the cause. We pleaded with him not to do so but he did it and we had to take care of him till he recovered. We never submitted the Death Note or will to anybody as we thought that would call for trouble to us and his employment as a central government employee. The police did not hand over the body to us as we informed he was married once and without the consent of the wife we cannot take it. So we searched the entire Bangalore connecting with all old relatives and finally managed to get her to come the next day by sending the message. The moment she arrived in the evening after a lot of delay she started to claim for the body as we didnt want her to perform the rites because she was very mcuh the cause of his death. So we fought it in the police station but lost after the PP judgement came to hnd over the body to the wife. We still fought the decison and it was mutually agreed to perform the last rites. The next day in the crematoriun they did a better than monkey flip and asked us to perform the rites as they had already got the document for the body handover to make the Claims. Now she is claiming for the Compensation and job.. heir family was almost beaten to a pulp by his friends as they were not performing the rites and when the body was being burnt they slid through the back and were quickly trying to get the crematorium slip.. I have discusses this with a few friends and lawyers who have given me mixed responses from go ahead to leave it as we would not be able to stop her. But deep inside I feel this is complete injustice and a misuse of the marriage laws. I wanted sound and clear advice as to how I can take this forward and stop this lady. She has even lied that she is not working but we got to know that she has a job in Airtel. She even received Rs. 60,000 as compensation till now. Me and y wife have have given him a lot of money to pay for the compenstaion and avoid getting arrested. His financial condition and jo was at stake due to many months of absenteeism. The tools that I have at hand are his death note blaming his wife written in jan 2013. Judicial seperation document filed by the woman. video recordings of the last rites where she is hardly in picture, video recordings of the asthi visarjan done by me as per his last wishes, the will that he made in my 3 year old sons name, documents of the hospital and police station when he attempted suicide, the rehabilitation center slip and the complete support of family and friends who are willing to depose before the court at a moments notice. I can start working on other evidences if I get sound advice.
ajay sethi
(Expert) 09 January 2014
if your brother has by will bequeathed his property to your children you can apply for probate of will . you have not mentioned whether he had any immoveable property in his name .
as far as job is concerned she wont be entitled top job on compassionate grounds if she is already working . you can write to your brother office informing them of her employment status .
Nima Lama
(Querist) 09 January 2014
Thanks a lot for your advice Sir. He doesn't have any immovable property in his name as far as we know.. And so a lawyer advised us that the will doesn't stand for service. Also the will had only 1 witness signature that was pointed to us by the same lawyer..
ajay sethi
(Expert) 09 January 2014
it is necessary to have 2 attesting witness . both should have signed as witness . hence your lawyer is correct .
R.K Nanda
(Expert) 09 January 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 09 January 2014
Consult a local lawyer and show him all the documents. Do as advised by the expert ajay sethi ji.
