Daughter's right in Father's Property

srinivas (Querist) 19 January 2010 This query is : Resolved
Sir, My wife is lonely daughter to my father in law who gave divorce legally to my mother in law when my wife is 5 yrs old and since then he is having illegal connection with another. He came back to my wife and did marriage and later attended all functions in our house. He is a BHEL Engineer. Recently he died.The other lady got the dead body by force and got legal heir certificate. My father in law is not having any children with that another lady but she is already having 2 sons with her first husband. Both my uncle and that lady are having illegal relationship prior to their divorces respectively. Now my doubt is can my wife claim his terminal benefits as well as job from BHEL.My wife's original mother is physically handicapped with no other income and she is staying with us only. Please advice me in this regard .
With regards,
CHINTALAPATI SRINIVAS
9700330511

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n.k.sarin (Expert) 19 January 2010
Mr. Sriniwas your wife has equal share in the property of her father with the second wife and she can apply for job in place of her father.As far as your mother in law is concerned she can claim maintenance from the property of her ex husband

srinivas (Querist) 19 January 2010
sir but my father in law gave a declaration in BHEL as another person as nominee without any documentary support. even then also can my wife claim. Now that lady is denying my wife as his daughter but Human Rights Commission Chairman after getting enquired declared my wife as daughter. please provide me further assistance and guide me what to do

A V Vishal (Expert) 19 January 2010
When the HRC has enquired and declared your wife as the legitimate daughter, approach BHEL with the order and claim your rights. A nominee is only a trustee unless the nominee is also declared as a beneficiary. You can approach a good advocate and file a suit.

adv. rajeev ( rajoo ) (Expert) 20 January 2010
Nominee is only to discharge the duty, he/she cannot claim anything in the monetary benefits of deceased unless he/she is beneficiary. HRC is nothing to do it, file a suit for declaration in the civil court.

Adinath@Avinash Patil (Expert) 20 January 2010
YOUR WIFE CAN FILE CIVIL SUIT FOR DECLARATION AND PARTITION OF IMMOVEABLE PROPRTY AND MOVEABLE PROPERTIES OF HER FATHER.

N RAMESH. (Expert) 20 January 2010
In your query you have stated that your father in law was having illegal connection with the another lady". Verify whether he had married the another lady or not?

File your objections with the Revenue office against the issue of legal heir certificate.
Otherwise you have to challenge the issuance of legal heir certificate by filing a suit.

Guest (Expert) 20 January 2010
For more information and help visit www.airyourlegalqueries.com

Sukhija (Expert) 21 January 2010
YOUR WIFE CAN FILE CIVIL SUIT FOR DECLARATION AND PARTITION OF IMMOVEABLE PROPRTY AND MOVEABLE PROPERTIES OF HER FATHER.

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