Query regarding rights of separated wife

She will become the successor of the deceased.  She is entittle to claim the rights over the property and monetary benenefits of her deceased husband.

Sir,i just want to know if she can claim the remaining money to be paid in 2nd motion or not.

Her husband has no property.Her lawyer is not supportive.She has made rounds of the court innumerable times in the last 5 years.Then only this settlemnt was signed.

She is unaware of his monetary status,property etc,also because he is abroad.

Now she has no patience and money to pay lawyers to find out about her husband's property,monetary status etc.All she wants is the remaining money as per the settlement terms..So I just want to know if she can get it.I would appreciate a detailed response.

Madam, maintenance or alimony only comes into the scene when the husband is alive. If he is no more, she can only ask a share in his property as his widow and no other way. I do not think the divorce petition or the maintenance agreed upon has any meaning now.

Dear Prabhakar ji

Thank you for replying.

I'm asking since the girl's lawyer is not active enough to find out the details of the boy's property,bank finances etc.

He is friendly with the opposite lawyer.So the latter has his own way each time in front of the judge.

So how to find out:

1. If he has any property in India?

2 What his monetary and financial details are in Indian and foreign bank(where he lives)?

3. If the girl seeks to change her lawyer,for that she should have enough money to pay.But she's jobless and her retired parents are non willing to support,as they have already paid a lakh to the present lawyer,yet he's been very inactive..So the faith in judiciary is now lost

4. the girl's inlaws are very miserly and they will bribe everyone to avoid giving rights to the girl.They can even forge the boy's will if he dies withour a will(based on past experiences with the inlaws).

So how can the girl be helped to get her above rights as a widow,in such hostile circumstances?

RIGHTS COME ONLY WITH DUTY IF DUTY NOT PERFORMED RIGHTS ARE UNAVAILABLE.I Find girl very unreasonable.

1. The MCD becomes infructious with death of husband. Positive point here is that you are now absolute owner of 70% all ready paid to you as per terms of MCD - 1^st. motion via POA.  The MCD case closes with it and records sent to records room and you can’t get rest of 30% with closure of MCD and your status is of a widow.


Now what does a widow do if she is in need 30% of MCD amount to close her 'rights' with the ex - family?


2. You say you have no clues to dead husband’s assets but you are interested in rest of the 30% further your current lawyer is not honest to your side and your FIL is not going to make things easier by self-disclosing assets of his dead son. Solution here is to hire a better lawyer and make him work as per your aims and since you have desire only for rest of 30% of previous MCD balance amount then seek just that via claim on dead husband assets as his successor.


You are bound to get relief and if no hard work then no further relief is what I see in the presented brief situation.

and suppose he wills his property to his parents, or nominates them?

1. She will still get her share even Hon'ble SC says so. So what is the 7 year hitch here, Oh I see you are indirectly hinting that the women (widow) does not want to file for succession rights ? Then it is her issues, but Law is clear on providing her such remedies.

Respected Tajobsindia ji,

Thank you for promptly replying to many of my queries.

1. Is there an honest and aggressive lawyer in Delhi?

Because wherever the girl went,her inlaws influenced everyone.Since they engaged powerful advocates ,her lawyer always let them have their own way.So does a financially unstable girl have any future in this sucking judiciary of India?

2. Even if the girl gets an honest lawyer by luck,can he find out bank balances of his accounts in foreign banks abroad where he lived?

His parents are in a far off city of India.

3.In other words,who does the homework of finding all property and bank balalance details of the husband(both in India and abroad),when the girl is financially weak?

The inlaws can always show wrong or forged details to the court

What is the way out,so that she can get all her rights as a widow with dignity?

Hah...

Good que.you put me into, well....... 


I place my bet on Prabhakar, the Advocate in LCI as Prabhakar has said maximum times here in LCI Forum how much he / she is interested in protecting interests of women and since I am a professional I don't mind recommending Prabhakar to you. It will be you who is going to come back here if Prabhakar is proved otherwise to what he / she says as his / her guidance to women issues here so I till that time will place my bets on Prabhakar.


Bottom line; is your success in getting "your widowhood rights" beyond that how, why and when is not my issues. If you are a genuine person and probably going to be widow soon so let genuinely you be helped, why not !.


Prabhakar replied to this post of yours in page 1 so you know how to contact Prabhakar !


All the best to you two (professionally recomending without our differences in opinion coming in between). 

What if Husband already by WILL given property to someone else then what wife will get?

Respected Prabhakar ji,

Thank you once again for your detailed reply.

Yes,earlier the interest was only in getting the remaining amount according to MCD settlement.But after knowing that MCD settlement will no longer hold valid,I asked so many questions on how to get the rights as a widow.

May God bless you!

Regards,

Reena

This widow already got 70% of her fair share and is still greedy about the share of the property of husband. Now if the husband is dead without making any will beforehand, she could get complete information of the husband's financials in India based on his PAN card number by writing to Banking obudsman using his PAN number. Since the widow becomes the successor of this person, she can legally as the banks to trasfer the amout if he has sole accounts with those banks. If he had joint account (either or survivor type) then the joint member of the account will get everything. It is very easy if she could go to the city where husband lived in India and query using his PAN card number.

If the husband had made a will and it is his self-earned property then after the death, the said "will" makes the successor liable to claim everything and if she is not the successor, she will not get even a dime.

As far as his job in foreign country is concerned, most of the countries do not allow the share of wife unless she is on the accompanied visa and had been living with the husband until his death with no divorce or litigation case pending (atleast this is as per USA/California state law). The husband if has insurance can be claimed by the entire family of beneficiaries and if wife is not enlisted as beneficiary then she will not get anything. If the wife were a beneficiary and she has valid proof of the death of the husband (not by suicide or terrorist attack) then she could write to the corresponding insurance company. To know the husband's insurance company she will have to write to HR of the company with the details of his death. If the husband has changed the beneficiary before 90 days of hs death, the changes will take place and the new beneficiaries will get the insurance benefit and property benefits.

This had already happened to a friend of mine in USA and his wife followed the procedure from India to get all the benefits. The only thing was there was no divorce litigation going on with her family at that time.

Hope it helps.