Compensation - please help urgently
Chitra
(Querist) 22 August 2013
This query is : Resolved
Respected Sir,
I need your expert advise to amicably deal with a family situation.
My elder brother expired recently. He had moved out of the house about 12-13 years back. My brother has not contributed much towards family responsibilities esp my mother (neither before marriage nor after). His wife despite being educated and working, left her job abruptly and continued to stay with her ailing father for almost 1 year. During this duration she continued to take compensation from my brother. My brother was naturally unhappy with his marital life and suffered from loneliness.
After his death now, his wife and her brother took away all my brother's belongings including car, clothes, ring, wallet, phone etc. Since she is a legally wedded wife we gave her all belongings without any issues.
Now his final settlement from office is expected. My mother is a homemaker and has no income from pension. His wife on the other hand is well qualified and has work experience. As per his employers, most likely my mother is still showing as the nominee in my brother's records.
I wish to know, if my mother has equal rights on my brother's final settlement or his widow wife can claim everything?
Since neither my brother nor his wife served my mother, I wish my mother to get atleast some compensation through my brother's final settlement.
Please help?
Kumar Doab
(Expert) 22 August 2013
It is believed that deceased was Hindu, has not left any WILL and Hindu Succession Law shall apply.
Son/Daughter, Widow, Mother is amongst Class1 legal heir.
All of them will get equal share in wealth of the deceased.
The nominee is the hand to receive the payouts and has to distribute the funds equally amongst the legal heir.
Raj Kumar Makkad
(Expert) 22 August 2013
Your mother has equal share over entire properties and compensation after death of your brother and she can definitely get it by making her representation to the department well within time means prior to finalization of the claims.
Chitra
(Querist) 22 August 2013
Thanks a lot for the valuable inputs Sir. Additionally, our family is presently run by me & sister-in-law (first brother's widow wife). We are contributing in 70-30 ratio respectively, so basically this family is run by females only. My youngest brother is settled abroad and financially helps only mother. My father is no more. I understand it is our moral responsibility to take care of this widow sister-in-law(second brother) however how long should we ideally take care of her on humanitarian grounds? And is she entitled to stay in my mother's house for her entire life? (Asking this question esp because I suspect my mother might suffer misbehavior after I move out of this house).
Thanks a lot in advance.
Rajendra K Goyal
(Expert) 23 August 2013
Your mother should lodge the claim if she is nominee. Your mother should retain her share in the proceeds.
Whether the house in which all are staying is self acquired or ancestral. If self acquired and is in the name of your mother your sister in law has no claim in it during life of your mother and afterwards also if mother makes a will accordingly.
Raj Kumar Makkad
(Expert) 23 August 2013
your mother is exclusive owner of her self acquired house so legally your sister in law has no legal right to live therein against the wishes of yoru mother. An order of injunction can be got against her
from civil court.
Chitra
(Querist) 23 August 2013
Thank you for all the valuable inputs Sir.
Now the most important question. Analyzing the whole situation, I understand that my brother was under constant pressure due to his marital life whereby his wife kept herself away from him on pretext of her father's illness, constantly pressurized him for money for her maintenance, deprived him of happiness & needs which is expected from marriage, his expectations from marriage were completely unmet and he was made to indulge in forcible expenditure. In nutshell, he was lead to death through silent torture. I have also learnt through my brother's friend circle that few weeks before his death he was totally shattered by the fact that despite his repeated request, his wife aborted the child. Bottom-line is that she tarnished his image, self-esteem and manliness through harsh words and behavior.
I totally empathize with such Males in the society who are subject to acute stress due to marital life where the women abuse and misuse their freedom to cause permanent damage to the life of their husbands and even their families.
Sir, now my question is how can I fight a case against this injustice done to my brother or for that matter all MALES who suffer such atrocities through females? How can we challenge and fight a case against such crimes i.e. silent torture leading to mental stress?
She has taken away my brother's all belongings which were of no value to us but the loss of his life is totally unacceptable and unjustified.
Under which section can I put a case and what approach should i take to legally fight this battle?
-- Disheartened Sister, please help!
Raj Kumar Makkad
(Expert) 23 August 2013
It is not advised to open the closed chapter and invite unncessary harassment for all concerned.
Rajendra K Goyal
(Expert) 24 August 2013
Agree with the advise of expert raj kumar makkad ji. No purpose would be solved by opening a closed chapter.
