I am Located in Noida (UP). I seek opinion and way forward on the facts narrated. My Niece Mrs “A” was residing in Hyderabad with her husband Mr “B” at Hyderabad in their own house having joint ownership of 50%. She was 7 months pregnant and came to Allahabad in Uttar Pradesh in her mother’s home Mrs “C” for her delivery in the month of March 2021 along with her 3-year-old daughter Miss “D”. She contacted Covid in the month of April and was hospitalised in Allahabad but unfortunately, she expired leaving her sole daughter “D” at her mother house Mrs “C” and in her custody. My nice Mrs “A” was working as software professional and had left Rs 25 lakhs in FD, Rs 30 Lacs in LIC Policy and Rs 10 lacs in PF Account and in all these accounts she has nominated her husband Mr “B” as nominee. My sister Mrs “C” want to have custody of minor girl Miss “D” as she knows that Mrs “A” in -Law are greedy and will ill-treat the minor girl “D” and will try to marry Mr “B” and after her father marriage , minor girl will not be taken care of well. The father of minor girl Miss “D” want to take custody of her, so that he can withdraw all the money left by her deceased mother Mrs “A” and after withdrawing all the money, minor child may be left unattended. In the above facts, my queries are as follow 1) Who are legal heirs of Mrs “A” and have right to receive money left by Mrs “A” considering that deceased husband is nominee in all the Bank & LIC Policy. Whether minor girl has 50% shares in the money left by her deceased mother. All are Hindu2) We want that all the money left by Mrs “A” which she has earned through herself be deposited in the name of minor daughter Miss “D” under the trusteeship/guardianship of her Nani i.e Mrs “C”. what will be the procedure for that, so that life of Minor girl is well taken care of. Mr “B” want the money deposited in name of minor but under his guardianship. If that is done whether he can misuse the money and how to ensure that money is not misused by her father Mr “B” after he marries and it is only withdrawn after the minor girl attain majority.3) Who has right of custody over the minor child. Whether minor child Nani Mrs “C” can have custody and what basis court can grant her the custody, considering that Mrs “C” is 60 years old and has rental income. what is the settle law of land regarding this. If Hypothetically, custody of child is handed to her father Mr “B” and he ill treat her, what will be remedy available to her Nani Mrs “C” to take back the custody of minor girl. 4) Pl advise anything extra in the interest of Minor child, considering that she lost her mother at the tender age of 3 years and very long to live.
Question
I am Located in Noida (UP). I seek opinion and way forward on the facts narrated.
My Niece Mrs “A” was residing in Hyderabad with her husband Mr “B” at Hyderabad in their own house having joint ownership of 50%. ...
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