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Related grandparents custody to children
Question
, I want to ask you for some consultation
Actually mere relatives the unke bete ki death ho gyi thi due to some medical condition.
Unke pass 2 bete hai ek 6 years ka or ek 4 years ka.
Baccho ke nana (within 1 month of demise) wife ko or baccho ko apne ghr le gye the.
And now they want, ki, saas or sarur bachho ki property unke naam krva de.
Additionally, vo ladki ki remarriage bhi krenge or agr vo (saas/sasur i.e, grandparents) milne bhi jaye hai to milne nhi dete.
And now they (nana/nani) are forcing ki vo baccho ke naam property kr de, baccho ko bhi khud rkhe and ladki ki remarriage kr de.
Grandparents k pass age koi nhi h for old support, kyuki vo unka eklota beta tha.
Additionally, wife ne grandparents p domestic violence ka case kia hua hai.
Or ladki ne maybe shaadi b kr li hai again.
can you pls consult m ki baccho ki custody kaise mil skti h grandparents ko.
Answer ( 1 )
In the fact situation mentioned by you, it is advisable that if the paternal grandparents are not giving the share from the ancestral property then a suit for partition can be filed by the mother of the children seeking their share and maintenance.
Further, if they want the mother to get re-married then in that case, she will not be entitled to any maintenance however she still will have right over the properties of the deceased husband. However since she has filed a domestic violence case against the paternal grandparents, the custody cannot be imposed on them since the mother is alive. if they happily wants to take custody of their grandchildren, they have right to do so and for that they can file a case in the court however the custody cannot be imposed on them. As per law, the grandparents can only be insisted for the maintenance and share in the ancestral properties.