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ammu (Manager)     26 September 2012

Responsibility of a widow towards father in law

 

Hi,

 

I would like to understand about the responsibility of a widow towards maintaining her in-laws…I know a family in which,  father in law of my friend who is a widow is claiming for monthly maintenance and a share from her husband’s settlement amount…. her mother in law is no more and he got married to another lady at the age of 62... so in this situation, can this father in law file a suit against the widow claiming for maintenance under the act “maintenance and welfare of senior citizens”



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 4 Replies

Ratnesh kumar (Advocate)     26 September 2012

well you have not clearly described your case but still i am trying to your question on the basis of your question he can file a case for maintaince , but since he had married with some other lady at this stage it clearly shows that he had some other source of income so if he had some other source of income than he is not entiltled for the maintaince.

ratnesh kumar

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Tajobsindia (Senior Partner )     26 September 2012

To above opinion I differ especially the latter part.

Under the Senior Citizens Act, 2007 your friends widow FIL has no right to be maintained by his deceased son’s widow is one. reason being FIL does not fit into the definition of "parent" OR widow does nto fit into definition of "relative'.

Second part is that you have mentioned there are some “settlement amounts” that deceased son’s widow got so widow or even re-married FIL being Class II Heir he has his succession rights over “settlement amounts” as equal to his deceased son's widow if no other Class I heirs are there.

FIL, married or is remaining un-married rest of his life or is in dharamshala or is in hospital or restraining order by widow for him not to re-marry now that he 62 years old chap for all that matter has no relevance at all in this query.

ammu (Manager)     26 September 2012

Hi,

Just have a query in the second part of your reply... a deceased man's wife comes under class I legal heir. father of a deceased male comes under class II legal heir.. As long as class I legal heir is alive, class II legal heir cannot claim his rights... this is the statement given by one of my friend who is a civil lawyer.... Is this statement wrong? Kindly clarify... Your valuable comments would definitely help my friend.

Tajobsindia (Senior Partner )     26 September 2012

1. Your observation and legal advise (already) received is absolutely correct. I should not have erred in the fashion it leaves such wider interpretations (ref. to HSA).

2. I accept what I should not have erred and further clarity is not required from me.


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