Legal Question in Family Law in India
I am a 30 yrs old woman married in a joint family of two brothers and one sister. I was married to the younger son of two, however; sister in law was already married before my marriage.
My elder brother in law was also married and he was having a minor son before my marriage.
My husband doesn't stay with me and our minor son for past 6.5 yrs and I am taking care of myself and my son on my own for our livelihood. My son is now 12 yrs old.
Before 2 yrs approx, my father in law and mother in law along with the wife and minor son of my elder brother in law died in a road accident and left us without any will.
My husband who is not living with us has also given power of attorney to my elder brother in law confirming that he doesn't require anything out of the deceased parents in laws' properties without thinking of interest of myself and my son and my elder brother in law is willing to take the possession all the properties, road accident claim in his own favour.
Since, I have to take care of my son on my own for the rest of his life, Do I get any share from the deceased patents in laws' properties for my minor son. Kindly suggest as what should I do for my son's interest.
5 Answers from Attorneys
Since it is a joint Hindu Family, your son is a coparcener in the same and would have proportionate share in all the assets of the joint Hindu family. Your husband's denial to take any share affects his share in the assets but not your sons's share.
you can get his share and also get road accident claim too.to know how call now.
your son has an equal share in the property left by his grand father and you may lay claim in the road accident claim as well as properties of deceased parents in law. seek help of a lawyer and implead yourself and your son as a party to the claim.
yes u can
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