settlement after death of husband
Rajeev Bhushan
(Querist) 14 May 2014
This query is : Resolved
Hello all,
i am first time here,
my query is that my elder brother got expired on 3/4/2014 due to medical problem. He was married to his wife in 2006.
due to some family problem and medical problem of the husband wife leave separate without any settlement since 2010 ie 3 years.
now she is demanding all those things that bright by her at the time of marriage nd all the benefits of his husband.
pls suggest what we have to do in this case whether go to settlement in home without any legal formalities' or go with legalized manner.
pls suggest, i am waiting for ur valuable suggestion..
ajay sethi
(Expert) 14 May 2014
settle issue amicably . return her streedhan . obtain acknowledgement from her that she has received her streedhan . if husband had any property in his name she would be one of the legal heirs of the same
Rajeev Bhushan
(Querist) 14 May 2014
Thanks for ur reply,
pls explain whts streedhan, wht parts include in tht.
husband has not any immovable property in his own name , the immovable property is in the name of mother and one another is the name of father of husband.
whether fixed deposit and life insurance in which mother of husband is nominee , have any right of wife of deceased.
thanks
Sankaranarayanan
(Expert) 14 May 2014
i do agree with Mr sethi , IT means what are the things given while marriage to her by girl side should be repaid .She has legal right only on his property and assets
Rajeev Bhushan
(Querist) 14 May 2014
Ok
can we settle it at home in an ordinary paper. Will it legal and have lawfully.
Rajeev Bhushan
(Querist) 14 May 2014
And pls suggest will we have to take the help of any lawyer ??
Sankaranarayanan
(Expert) 14 May 2014
with the presents of both family member si normally enough, better to take written agreement and get signature of both. Settle the issue with the help of lawyer is more advisable
Kumar Doab
(Expert) 14 May 2014
You have posted that:
"whether fixed deposit and life insurance in which mother of husband is nominee , have any right of wife of deceased."
She is one of the CLassI legal heir along with Mother and children of the deceased.
The Nominee(Mother) should share the proceeds equally with with all ClassI legal heir.
Rajeev Bhushan
(Querist) 14 May 2014
Wht abt the house property in which we currently leaving. Whtr she has any right on this .
Rajeev Bhushan
(Querist) 14 May 2014
Can u give me any lawyer no in new Delhi.
Sankaranarayanan
(Expert) 14 May 2014
Shre R.K Nanda is very much available in this LCI You can PM and get appointment
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
Mr. Rajeev Bhushan: As a legal heir to her deceased husband, she has a right to claim her share in the properties, whether movable or immovable but remaining on his name alone on the date of death. Now his bank deposits and insurance policy death claim monies though nomination on his mother;s name, as rightly advised by expert Mr. Kumar Doab above, shall be shared by all the legal heirs of the deceased. Besides this, she is entitled to take back all the items and articles brought by her at the time of her marriage including the jewels given by her parents side and your brother's side which is termed as 'Streedhan". Above all, if at all her deceased husband is entitled to any share in the immovable property being enjoyed in common by you all, she has a right of share in that too.
The solution is to settle all the issues amicably by involving elders from both the sides, and if need be the conditions may be reduced to writing by making it in two copies, each side having one such copy of the settlement issues/conditions in their possession. If need be, you may consult a lawyer or settle the issues in your family level itself.
Rajeev Bhushan
(Querist) 14 May 2014
Thanks u all, a very valuable suggestions,
wht abt if she claimed excess amount or jewellery insted of actual amount or jewellery..
pls give me ph no of lawyer and detail of fee charged by them.
Sankaranarayanan
(Expert) 14 May 2014
that all you discussed with him , you send personal message in this site
V R SHROFF
(Expert) 14 May 2014
settle the matter within family members.
Well advised by Experts.
V R SHROFF
(Expert) 14 May 2014
Call this Advocate , a LCI Top member.
Email: harassed.by.498a@gmail.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
Group: http;//groups.yahoo.com/group/sahodar
ajay sethi
(Expert) 14 May 2014
you cannot be called upon to give excess amount of jewellery . the list of jewellery has to be mentioned . obtain her signature in presence of 2 witnesses .
we cannot state what would be the legal fees charged by lawyers .
ajay sethi
(Expert) 14 May 2014
Mr shonnee kapoor is from delhi only . phone numeber and other details have been mentioned by Mr shroff . he deals in matrimonial cases only
Rajendra K Goyal
(Expert) 14 May 2014
Well advised by the experts, agree to it. If you want to search an advocate in Delhi, may search LCI database apart from advised above by experts.
