Community › Forums › Legal Advice India › Need help regarding my passed away sister’s daughter
- This topic has 13 replies, 14 voices, and was last updated 1 year, 2 months ago by
Brightpanther4988.
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JJatinthinker827
PARTICIPANT
April 21, 2025 at 12:28 amHi I just need a legal advice regarding my situation, my sister 32age has passed away last month and my bother in law is also 32 age. Now my sister has 15 month year old baby girl. And my sister marriage if for 4 years (love, then arrange marriage)till she passed away. Now we are scared of our 15 month baby girl life, like when my sister is alive she told us she didn’t like the way her husband family taking care of baby. Yesterday we had a meeting with their family like panchayat with all family members, now my mother point of view is as the age of the husband is 32, he will get re married again and we don’t want to keep our baby girl under step mom and under husband family. Does my mom maternal grandmother has any right to take care of that girl , can I 26 m can take care of my sister baby, we are not against the baby girl meeting with her father, we want her to have father in her life, with all father responsibilities, but the baby has to be under her maternal grandmother, father can visit anytime. Now the husband family is saying we don’t have the right to talk about his remarrieg, we can only visit our baby in their house. Is there any legal way we can handle this situation. We just want the baby to grow without stress, atleast we want to take care of the baby till she is 5 years old, so the baby can decide for herself. -
BBrightpanther4988
PARTICIPANT
April 21, 2025 at 1:25 amWhat incidents with the Dad’s family makes you think that child’s father won’t be able to take care of his daughter? -
CCoolowl7566
PARTICIPANT
April 21, 2025 at 2:20 am**-NAL-**My sincere condolences for your sister’s demise.
I don’t have any legal advice for your situation but a practical advice.
You mentioned you wanted your mother (you niece’s *nani*) wanted to keep the girl if if you want to keep your niece, only do so if you are ready and capable of supporting her till she completes her education and can support herself.
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AArchanaguru894
PARTICIPANT
April 21, 2025 at 2:21 amThe legal recourse would be to adopt her if you are married ofc.But ill suggest that you can keep your sister’s daughter with her maternal grandparents without any legal implications, subject to the consent of her father.
I believe he will agree if he is going to remarry so you both can have what you want without going the legal way.
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UUrbanstar8742
PARTICIPANT
April 21, 2025 at 2:45 amNot a lawyer. Plain and simple answer, you don’t have any legal rights to the daughter unless you can prove in court that the father or family is not treating her well. But currently, it appears that you have zero rights, zero evidences. -
NNavyaguy172
PARTICIPANT
April 21, 2025 at 2:48 amSorry for your sister.>my sister is alive she told us she didn’t like the way her husband family taking care of baby>
Sorry to say but every Postpartum mother say like this that in-laws doesn’t care for her child, in most cases issue is mother care for child too too much and if in-laws say something regarding it she think they don’t care. I am saying it from my experience.
Regarding case 1st discuss it with her father and based on this saying take action.
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QQuickvinod2673
PARTICIPANT
April 21, 2025 at 3:33 amWhy do you want to separate a child from her only parent left? Also, It’s not your baby that’s his baby, his child. And are you even sure your niece is actually getting neglected or treated badly?Your BIL being the father of your niece is her natural guardian. Your case is weak in front of his. Unless it’s proven that he is abusive and your niece’s life is in danger, the likelihood of you getting her custody is almost zero.
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IIndianfalcon6333
PARTICIPANT
April 21, 2025 at 3:41 amLegally, custody battle is the worst battle in family courts. Father has equal right of custody as mother and as she is not longer in picture hence he can get sole custody.Your best bet is to wait and watch, collect evidence that he is negligent towards his daughter and then only file a custody of the child.
Mind you that family courts generally give custody to the parents and not other relatives. So the evidence you provide should be solid like SA by father, intention of father to kill the child, not giving
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SSupergowri8151
PARTICIPANT
April 21, 2025 at 4:39 amFather is the actual guardian of a child. You can win the custody battle unless you can prove that he is unfit for it. Best is to support him in taking care of the baby and watch. They might change their mind once he is married but any kind of force from your side will make them resist more. -
AAnkushknight509
PARTICIPANT
April 21, 2025 at 7:31 amSo you say that you’d still want the father to fulfil his responsibilities, meaning you’ll have him pay for the expenses but you want ‘your baby girl to live with you’
That’s not your baby girl.. it’s his. He just lost his wife, like you lost sister. Don’t try and take the child away. It’s not cool to snatch people’s children away from them. -
SShaileshwolf645
PARTICIPANT
April 21, 2025 at 12:11 pmAll the people here who say the baby girl should live with the father as he is now the sole guardian. How do you think ya’ll would have turned out if you were raised by your fathers only?
Sooner or later the father is going to dumb the baby’s responsibility on someone else. The child would 100% be better off with her nani and masi rather than a step mom. -
HHappyfalcon125
PARTICIPANT
April 21, 2025 at 1:15 pmWhat does the father of the child say ? -
LLuckypanda5091
PARTICIPANT
April 21, 2025 at 2:49 pmI’m sorry to hear about your loss. It’s heartbreaking, and your concern for your niece’s well-being shows how deeply you love and care for her. Wanting to protect her, especially after your sister expressed worries, is completely natural. You’re not trying to take anyone’s place, you’re just trying to give her a safe, loving environment to grow in. It’s a sensitive situation, but your intentions come from a place of love, not conflict. I hope you’re able to find a peaceful and fair solution that puts the baby’s best interests first. -
MMilindshark954
PARTICIPANT
April 22, 2025 at 5:57 amNo mother likes the way kid is treated by any other person be it grandparents or husband. But that doesn’t mean they bad , they might follow different ideology , experience it for yourself and than make a judgement, it shall not be merely on the bases of what your sister said
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