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How to claim assets of dead sister and deposit in her children name
16-Jul-2023 (In Family Law)
My sister was married 2008 and her husband working in police department. she has two boy baby (one is 7 yr old and another boy is 8 yr old). we give 50 pawan gold and furniture for my sister marriage. my sister was dead two year back because of cancer. after death of my sister, he did second marriage without our knowledge and sister two son staying their custody now. we have to sell my gold and furniture and plan to give that amount my sister son fixed deposit. but they are not ready to give that one. what is the solution for that legally?
Hello,
I am not sure what religion your sister was, but as per the Hindu Succession Act, 1956 and assuming she died without making a will, her property (movable and immovable) belongs to her children. So, even if your brother-in-law does not want to hand over the gold and furniture to you, you could ensure that the gold (and furniture) is put in trust in their names. Good luck.
The actual extract from the Act is as below:
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
I am not sure what religion your sister was, but as per the Hindu Succession Act, 1956 and assuming she died without making a will, her property (movable and immovable) belongs to her children. So, even if your brother-in-law does not want to hand over the gold and furniture to you, you could ensure that the gold (and furniture) is put in trust in their names. Good luck.
The actual extract from the Act is as below:
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Helpful?
Adv. Maithili Shaan Katari Libby
Chennai | 25+ Answers
CONTACT NOW
If the second marriage was done after your sister's death, it is legally valid. Your sister's assets will be inherited by her legal heirs, husband and children. You cannot legally claim them back now, notwithstanding your genuine good intentions.
Helpful?
Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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