Legal Question in Family Law in India

my elder sister was working as assistant professor in a govt first grade college who expired due to breast cancer on 4/05/2015. Her only son is 17yr n 3months old now who's living with his father who is uneducated and unemployed since 17years.My parents had spent more than 30lakh rupees for her treatment since the day they came to know about her critical condition.My brother-in-law has never spent a single rupee for her n he never disclosed about her condition n neither he allowed her to tell.But now he is asking for her gratuity,PF,DCRG n other insurance amount everything.My sister has nominated my father in her KGID bond (Karnataka Group Insurance).But according to KGID it can be given only to her husband or children it seems.Her son is not mature enough to take independent decisions n he has left his studies also.His father is not allowing him to talk to us as he's interested in the benefits his son will get from his mother..My question is is there any way by which we can stop our brother-in law to get benefits from my sister's death.We are Muslims,so how does Muhammadan law is applicable here?Any how we have filed an injunction order in the court now.Please help us,some how we want to secure our only nephew's future so we want to delay the proceedings for atleast 4-5years so that my nephew could realise his father's intentions.Please guide us.


Asked on 7/09/16, 10:06 pm

2 Answers from Attorneys

1) If the husband disputed the nomination for Insurance of KGID, the husband has to go to the

court as legal heir and claim. Otherwise KGID has to pay to ur father as nominated trustee.

2) Since u hv already filed the case in the court, and that the son is minor, the court will appoint

legal guardian till his attaining majority in the welfare of the son.

3) The conduct of his father has to be brought before the court with possible tangible evidence

that the welfare of son is at stake in the hands of father. U hv to convince the court that the

grandfather can better take care of son.

4) By the whole legal process u can gain some time.

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Answered on 7/09/16, 11:55 pm
KAMAL GROVER

you may get everything about your sisters benifts but though court, you should get stay order and after that you may ask the court to transfer all funds in the name of son till he attains the age of 21.

Good luck

Regards

[email protected]

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Answered on 7/11/16, 5:05 am


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