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How to claim property from inlaws after husband death
10-Sep-2023 (In Civil Law)
My sister's husband passed away in an accident. He was merely 29 years old. My sister's in-laws are not supporting in nature and they misbehave with her. She wants to claim in the following things. please guide how to make a claim. Her husband was a government employee in bihar state electricity board. 1. A 3 BHK flat taken on home loan in the name of her husband and her father-in-law. Nominee is her father-in-law. Insurance cover is there and bank has agreed to close the loan amount and willing to give NOC. how can my sister make a claim in this property being a class 1 legal heir. She has a daughter of 13 months old. 2. LIC money in which her mother in law is nominee but her mother in law is not alive and my husband had not changed the nominee before his death. he had two Lic on his name. one of the lic was in revival period when death happened. 3. employment as a compensation, employee gratuity, pension etc. The nominee in pension is her in- laws. How can she claim her share?
Rest assured. She has right over the flat which is in the name of her husband and her father in law. She can also claim the LIC amount in spite of the fact that her mother in law was nominee. She is also entitled for all death benefit of her husband i.e. gratuity, pension & compensation appointment.
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43+
Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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As far as misbehave or ill-treatment is concerned , you can file a criminal case under sections 498A or domestic violence case against your in-laws. Now, as far as claim of property is concerned, you need to file a title suit in the respective court of law because you sister is legal heir. Hence, she is beneficial owner of the property. As far as LIC policy is concerned, you have yo make claim over the property as a legal hair and hence beneficial owner.
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50+
50+
Adv. Kumar Karan
Patna | 200+ Answers
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