LEGAL HEIRS REFUSING TO TAKE CARE OF SICK WIDOW MOTHER
4 years ago
My father, a Hindu, a retired postal employee, expired at the age of 92 years, leaving my 84 years sick mother, without executing any will. My nephew (younger brother's son) & my widow sister-in-law, are demanding my father's property of their share, are unwilling to clear debts incurred by her for her medical treatment. Refusing to sign to sell his property. Need legal advice.
A.Dear Sir,
His properties are to be divided as per following rule of law.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
His properties are to be divided as per following rule of law.
===========================================================================
Section 8 of Hindu Schedule Act the wife is entitled as follows:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Suneel Moudgil
Responded 4 years ago
A.as your father died intestate, the property will be devolved equally among the legal heirs,
your mother can claim maintenance under the maintenance & welfare of parents and senior citizen act, from the beneficiaries of the property
your mother can claim maintenance under the maintenance & welfare of parents and senior citizen act, from the beneficiaries of the property
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Shreyash Mohta
Responded 4 years ago
A.File a case u/s 5 of the Senior Citizens Act, 2007.
It empowers the legal heirs and even relatives to take care of the aged senior citizen.
This is a special law for senior citizens and such cases are filed in the designated tribunal.
In case of absence of tribunal, you also have the provision to file a Section 125 CrPC.
But however, in all likelihood I would suggest you to opt for the Senior Citizens Act, the upper cap limit of which is Rs. 10,000/- per month.
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It empowers the legal heirs and even relatives to take care of the aged senior citizen.
This is a special law for senior citizens and such cases are filed in the designated tribunal.
In case of absence of tribunal, you also have the provision to file a Section 125 CrPC.
But however, in all likelihood I would suggest you to opt for the Senior Citizens Act, the upper cap limit of which is Rs. 10,000/- per month.
Thanks
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