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Are Grandparents Liable For Maintenance Money For Grandchildren?
11-Nov-2023 (In Property Law)
I lost my elder brother to a tragedy 3 years back. Post his death, my sister-in-law moved to her mother’s house along with her daughter. My parents are attached to my brothers daughter, so much so that they have been paying ₹25,000 a month to my sister-in-law as maintenance towards school fees and others expenses for their granddaughter.
Now my sister-in-law is asking for money in the name of 'Security' of her daughter. My father has already paid a huge amount to cover financial losses that my elder brother had made while he was alive. My parents are even committing money to her, while I am against this as they have two other sons and then their further families. His property and assets qualify for self-acquired and not ancestral.
What do you advice?
1. Are my parents by law entitled for their granddaughter’s monthly expenses after the death of their son?
2. Can my sister-in-law claim a share in his property and against his legal will?
Hi,
Grandparents are not liable to maintain the children.
Your sister-in-law cannot claim maintenance of children from your father or mother.
As you have told me that the property is the self acquired property your sister-in-law do not have any right and self acquired property Of your parents against their will.
Than
ks
Ramit Sehrawat
Advocate
Grandparents are not liable to maintain the children.
Your sister-in-law cannot claim maintenance of children from your father or mother.
As you have told me that the property is the self acquired property your sister-in-law do not have any right and self acquired property Of your parents against their will.
Than
ks
Ramit Sehrawat
Advocate
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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Dear querist the grandparents are not liable to maintain the grand children except in case they are maintaining the estate of the deceased son. Further you sister-in-law cannot claim any right in the self acquired property of the in laws. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Yes, his granddaughter is entitled to monthly expense support as her father passed away and her grandfather has become the Karta for her family. However, she is not entitled to absolute maintenance as she is staying at her maternal family house. Therefore whatever her grandfather wants to support with would be his discretion.
Yes she reserves the right in the property as well and despite the will, she can challenge that. The only remedy to this would be will to be registered and supplied to her. However grandfather has to give some support to her as well at least till her education.
Yes she reserves the right in the property as well and despite the will, she can challenge that. The only remedy to this would be will to be registered and supplied to her. However grandfather has to give some support to her as well at least till her education.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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