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Sister's in laws not providing her money to meet her expenses


22-Oct-2023 (In Family Law)
Sir, My Brother-in-law (aged 37 yrs) died two weeks ago due to some medical complication.He has left behind my Sister and her two children (8 and 6 years old). Now, as they don't have any financial means to cater to their daily expenses, my sister tried to ask for money from her father-in-law, but he summarily rejected it by saying that go and ask your mother. Then we told her father-in-law, that we would be taking care of her financial needs relating to her children's education and he should take care of her daily needs like grocery and all. But he is not ready to even this. Then, we put forward another option that if he could take care of the children at home than she will work somewhere to earn money, but he is not even ready to this. The house my sister lives in is in the name of my deceased brother-in-law and his mother who is also dead. What all legal options do I have to make sure that my nephews get their due part from that house and what is the procedure for the same. Regards
Answers (3)

Answer #1
807 votes
They r the legal heirs of the deceased and has a right to claim possession over the property until and unless there is no will . If there's is a will so we have a problem tidelands with til. Pls approach
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Advocate Akhil Verma

Adv. Akhil Verma

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Answer #2
572 votes
Your sister can file case against her father in law for maintenance as after death of husband, father in law is liable to give maintenance to your sister and your nephews. Second case can be filed for partition and by that suit the property will be partitioned ..
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Advocate Sagar Kothari

Adv. Sagar Kothari

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Answer #3
716 votes
Sir, In respect your aforementioned query, firstly please clarify whether your Brother-in-law has left any will or not? Please also inform whether the property is self acquired property of your Brother-in law or is is a joint family property. if not then under the Hindu Succession Act, 1956, the wife of the deceased and the children are entitled to one share each in the property. So your sister can approach the court and file a suit for partition with respect to the said property.
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Advocate Himanshu Kapoor

Adv. Himanshu Kapoor

LawRatoDelhi | 25+ Answers
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