Rights of grand mother
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
Dear All,
I am 69 years old senior citizen , Cancer surviver , heart patient and a diabetic. I had three chidren. My elder son is 45 years old ,(lives separately from his wife ), my daughter is 40 years old (has no kids) and had a youngest son 38 years old.
I am very unfortunate mother .I had lost my youngest son recently 7 months back. He was married and has 2 years old son. Immediately after his untimely demise his widow and his in laws created a night mare for me as they grabbed my property for want of it and even tried to take advantage of section 198 . They went to women cell against me and my family that we used to ask her dowry. Good thing that they could not succeed in their dirty mission . They harassed us 3 months day & nite .Initially local police helped them only.and finally they patched up and left my property after involvement of higher authorities of police.
Her parents within 20 days of my son’s demise had declared that they will re marry her .Sooner or later they will .
Even after all these false allegations /cruel fights /property grabbing / I had patched up just for the sake of my only grandson .It was decided that my daughter in law would be living both with me and with her parents .But all these were words only .She lives with her parents .With lots of Nakhras ,in 15 – 20 days she comes only for 1-2 day that too when we used to call that we are missing the kid . Initially she came like this but now when kid while going back to Nani’s palce make a fuss and cries she has stopped coming .She makes ‘Bahanas’. When I ask okay we will come and bring the kid for 1 day she misbehaved with me .I miss my grandson a lot. I live alone in the house and cries 24*7 for my son and grandson. I do not know where to go , what to do.I am under severe depression and have no hope and nothing to look at .
One hand she is doing this to me on the other ,she wants "no objection certificate" from me for susccession of my deceased son's business . She and her father has already grabbed my son's computer buisness on the 2nd day of demise of my son and now they are running it . I guess the clients are asking for No objection for the same as I am legal heir for 1/3 portion .She has dropped the hit to my daughter about it but she never disclosed that why they want it .Just said because of our fights they are saying to bring this certificate .
She is behaving like this even before having this no objection certificate . I am sure after they will get it she will not let me neet the kid .
Now pls tell me what remedy I have to meet my grandson. If she will not bring him at my house with mutual consent what can I do (she has alreday started doing this )? Can I claim custody of the kid after he has become little bit big and when this girl re -marries. Pls advise .This kid is my only hope and nishani of my son.
Regards
M/s. Y-not legal services
(Expert) 27 November 2011
first i feel sorry for situation.. i hope you did not initiate any proceedings according to law.. am i right?
M/s. Y-not legal services
(Expert) 27 November 2011
as per law since she is a widow, she is liberty to entered in to new marital life.. but you can claim the visiting rights of your grandson. surely court will consider prayer.. and there is no any compulsion to give no objection to your daughter in law for proceed your son's business. if you like mean you may.. thats all.
M/s. Y-not legal services
(Expert) 27 November 2011
dear madam, first you have to understand one thing that how you lost your son, like that she also lost her husband. you knew the worth of the relationships of husband and son. is she happy in her husband's absence? so she also should be suffered, should be cried more than you. so right now she may feel some thing good from her paternal house, and just set her free for a while.. if she want to remarry mean just consider her age and allow her. whats wrong there. in case your son alive, if you lost your daughter in law mean you will not convince your son for remarriage?
so my advice to you, think as senior member of your family, try to settle this issue amicably. and live your rest of life with happy.
V R SHROFF
(Expert) 27 November 2011
Your Visiting Rights to see your only Grandson is intact. You can get court order for the same. You cannot get custody of your Grandson, but your access & visiting rights will be enforced.
Do not give NOC for another One year, by the time, she may re-marry. Let your daughter look after your son’s business. Do not part with property at this point of time. You cannot be forced upon for NOC. It is up to you. Why your 40 yrs aged daughter, and your elder son cannot support you??
Prepare WILL of your Property in favour of your Daughter, and for your Grandson at his age of 18 yrs.
Very Sorry for sad demise of your young son, and your illness, Pray God, for peacefully, happy life once again, say with your son in law ,or her children. Hope your grandson return and Live with you. You have to wait and watch.
Sailesh Kumar Shah
(Expert) 28 November 2011
You can go ahead as advised by Mr.Tom and Mr.Shroff.
Shonee Kapoor
(Expert) 28 November 2011
I feel sorry for you, unless the custody is handed over willingly to you, you can just have visitation rights, if you move court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 12 December 2011
Thank you Mr Tom,Mr Makkad, Mr Shah ,Mr Kapoor & Mr Shroff.
Mr Shroff , My daughter & elder son supports me a lot but unfortunately my elder son is seperate from his wife (his wife has mental problems) and my daughter has no kids (has some medical problems) Hence I am nothing to look forward except this grandson of mine.
I am on mercy of my daughter in law (who did so wrong for want of property ) . To meet with my grandson I have to beg her then only she comes for a day in a month.
She makes bahanas and never make my grandson talk to me over phone .
I know I cannot get custody of my grandson but I want to kep in touch with him & meet him frequently.In him I sees my deseased son.
Thank you all for your kind advice.
Regards
