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Where widow mother will go?

(Querist) 03 January 2011 This query is : Resolved 
A was head of a family. B is his wife. C is his mother.Father is no more. 'A' committed suicide.a lot of debt is on A's property. B took all insurance claim with her. B also demanded rest money after auction of A's property by bank.
now the question is how a widow mother will survive? Doesn't she has any right in his son's property?
R.Ramachandran (Expert) 03 January 2011
Mother is the class-I heir of the deceased "A" and she is also entitled to equal share as "A"'s other legal heirs viz., widowed wife, sons(s)/daughters) and mother.
mukesh (Querist) 03 January 2011
But in insurance policy nominee was his wife. So insurance amount was paid to her.
Raj Kumar Makkad (Expert) 03 January 2011
Nomination doesn't mean that mother has no right therein. Even if wife has assumed all money from insurer even than mother can agitate for her rights before proper court of law and can seek her equal right in the amount released by insurer.
Advocate Bhartesh goyal (Expert) 03 January 2011
I agree with experts.
Uma parameswaran (Expert) 03 January 2011
Mother can claim her share .
Ahmed Daud Girach (Expert) 04 January 2011
It is setteled law that nominee holds property in trust for every legal heir.Mother has equal right as above and can sue daughter in law.An objection letter raising for equal share should be given to Bank,better way is to file a civil suit and get injuction to bank and equal share from daughter in law.


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