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Legal service India => Elderly laws in India => Topic started by: ManjuSidd on January 05, 2016, 03:06:21 PM

Title: Parents rights after sons death
Post by: ManjuSidd on January 05, 2016, 03:06:21 PM
My parents stayed in bangalore with my younger brother. Father is a handloom weaver, retired for over 10 years now. My brother stayed with them and took care of them. In 2009, nov he got married. He continued to stay with them and after a year and half in april 2011, we lost him to a bike accident. His wife, works for an IT company and currently resides with her parents.

My brother had my mother as his nominee in his company. My parents are not educated and did not question the lawyers or the office officials. The company that my brother worked for, gave almost 40 lakhs to my sister-in-law. Now the lawyers who are fighting the civil case in his accident, are claiming that my sister-in-law is unemployeed, and has not benefited in any way and are cheating my parents and trying to give only 15% of the insurance amount to my mother and father.

Is this right, how can I protect parents rights. Is 28 years of care giving.. nothing? Are my parents not equally impacted by my brothers death. Please suggest.
Title: Re: Parents rights after sons death
Post by: rajgopal sripathi on March 23, 2016, 01:10:29 AM
Hi
Sorry for the delayed reply.
in the case of your brother, i am surprised that the company officials ignored the law.
Legally in addition to your sister in law, your mother will also be a legal heir to your deceased brother. she will get a share of gratuity , provident fund, insurance etc. if there are no children to your brother and your sister in law and your mother are the sole legal heirs, they will get 50%each.
Your father is not a legal heir to your brother. so he will not get any share. but your mother will be eligible for a major share (not 15%).
it is clear that due process of law has not been followed in your brother's case .
As a legal heir she should have gotten money and thereafter she could have gifted to her daughter in law.
Title: Re: Parents rights after sons death
Post by: Maprangmali on December 21, 2017, 12:37:04 AM
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