Legal Question in Intellectual Property in India
Last year May 7th, my Elder brother got married but unfortunately, in an accident on June 3rd with in 27 days of his marriage life, my brother passed away.Now my sister in law staying with their parents.But 6 months before their marriage, my brother added her name in his Life insurance(LIC) policy and his salary account as nominee when they were in love during that time .Now my sister in law wants to claim that LIC amount. Even my father agreed for that to give full amount her. Now my father wants to share his 7th generations property to me and my younger brother for that my father requested her to sign on the court affidavit paper saying that she will not interfere on this sharing. But she is telling orally that i will not interfere but she is not ready to sign on the affidavit paper. Now my father feared that it may create the problem in future. so according to Indian law whats the proper way through which my parents get justice..Currently she don't have any child. Also there is no guarantee that she will not marry other guy in future.Also she is not ready to stay with my parents any more. In this situation, In case of getting ancestral property share, if she marry other guy, we are suppose to be looser of my brother and property. Already she got few lac's of amount from my brother's company. Now my father is ready to give entire LIC amount for her settlement. Only thing we want our ancestral property to be divided among us(me and younger brother). Since we have the doubt over her second marriage, we are not ready to share our ancestral property. If she will not marry any more, we can give the share. For this to know, shall we wait for couple of years. In the mean time shall My parents claim LIC policy for their share. How much % of share my parents will get.Please advise
1 Answer from Attorneys
she is entitled to the share of the ancestral property to the extent of your brothers share. your parents can claim the share in the LIC policy but if she is the nominee then they may have to file a case.
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