Legal advise
One of my sisters husband died living behind my sister as widow and her step son (married with a son) and step daughter(divorcee)while widow was busy in shradha etc both the son and daughter managed to take out original deed of property documents and banks pass book and insurance policy etc.widow has all the documents zerox copy with her.
Now,they are pressing hard to the widow to desert from house and insisting upon to manage her food and clothing.She is staying but managing her own food etc.
Several attempts were made to resolve the issue mutually but both of them do not buzz.
Last course remain to file a suite in a civil court but for court fee and legal expenses required whereas she is unable to bear it.
Both of son and daughters have got to the claim of insurance policy's against their fathers death certificate production as being nominee.
Stop payment letters on different Banks are being recorded.Her maximum property is existing at and near by kolkata and others at Rajasthan.She now seek legal advise to get her rights under the above mentioned condition. legal cell connected to local circle please advise more
Now,they are pressing hard to the widow to desert from house and insisting upon to manage her food and clothing.She is staying but managing her own food etc.
Several attempts were made to resolve the issue mutually but both of them do not buzz.
Last course remain to file a suite in a civil court but for court fee and legal expenses required whereas she is unable to bear it.
Both of son and daughters have got to the claim of insurance policy's against their fathers death certificate production as being nominee.
Stop payment letters on different Banks are being recorded.Her maximum property is existing at and near by kolkata and others at Rajasthan.She now seek legal advise to get her rights under the above mentioned condition. legal cell connected to local circle please advise more
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According to Hindu law, wife, son and daughter now have got equal share in all immovable and movable properties including cash insurance and bank deposits. Nomination in insurance policy only gives right to withdraw the money from insurance company but now it is the duty of the nominee to distribute the insurance amount to all the three heirs equally. If it is not distributed then register a FIR in police and meet senior officials to force to deliver the insurance amount. Case can also be filed in police under Domestic Violence Act if other heirs do violent acts to expel from the residence in which your sister previously resided along with her husband. A Civil suit may also be filed to compel to get the amount and ownership in the immovable properties of the deceased husband. If there is a problem financially for paying court fees for filing civil suit, one may prefer declarity suit which is a right to declare equal share in all the properties of the deceased husband, Such type of suits costs maximum of Rs. 300/- court fees only. more
Dec 30
Legal Aid apart from NGO's help is advised apart from Criminal Complaints and Writ in High Court. Well before that all the documents to be sorted out very carefully more
Dec 12
Dear Mr Dhaniwal, please inform in which city you reside. I will see if I can be of any help. But I am surprised to notice that for so long you have been discussing the matter on this circle but have not taken any steps in right direction. Unnecessarily worried about court fees, advocate fee etc. Please please first consult a dependable advocate of your choice. Only he will provide you professional guidance to move. And start moving one step daily. There are hundreds of ways to file a suit and fight. Please take the first step, you will see the light for next step. May be, on receiving advocate notice for suit, the opposite party comes for settlement. Please note--- 1) To avoid court fees for the present, you can file suit for declaration of title only. 2) For insurance policy and bank account etc., if you write a letter stating your objection for payment to nominee or anyone and take receipt thereof then no one can embezzle your share. If bank or insurance company makes payment even after your letter of objection, then the concerned bank or ins. company have to pay your share to you. If such is the case, then anytime send me the scanned copies of the papers and I will make them see STARS in daytime just sitting at my place. NO one should worry about advocate fees. Even if SC fixes the advocate fees, it will not help. How to squeeze money, no one knows better than advocate. There are hundred ways. (Had it not been your compulsion in this case, I would have never suggested you to go to court or any advocate.) May the Almighty bless you with courage & strength to fight the injustice. more
Dec 12
Mr. Sitaram, nominee is not the owner of property or money received. He has to distribute the same to lawful claimants. She may file police complaint and also involve deptt. Of social welfare, legal Sec, NHRC etc. Do not sit back waiting miracles to happen. more
Dec 12
