Community › Forums › Legal Advice India › How to handle this case of succession?
- This topic has 1 reply, 2 voices, and was last updated 1 year, 2 months ago by
Ashishmaster940.
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BBraveamit5302
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March 27, 2025 at 3:45 pm**Location: Himachal Pradesh, India**Hello everyone,
I am writing on behalf of my buaji regarding a complicated family matter following the passing of my fufaji, a retired honorary captain of the Indian Army and a war veteran who built a successful cement agency under my buaji’s name, generating ₹15–20 LPA—a significant amount for a small village.
# Background
Fufaji had two sons:
* **X (Deceased, 2020)** – Autistic, survived by his wife and three children.
* **Y** – Jobless, a drug addict, alcoholic, narcissistic, emotionally manipulative, and never married.During fufaji’s prolonged illness, only my father and I took responsibility for his hospital visits, medical expenses, and surgeries. Y, on the other hand, remained absent, prioritizing his addiction over his father’s critical condition. Even when we brought fufaji’s deceased body home, Y—despite being in the house—only appeared three hours later.
Fufaji was adamant about disinheriting Y, having repeatedly expressed in the hospital that he wanted to ensure Y received nothing due to his neglect and recklessness. However, during the final rites, the family (including buaji, fufaji’s younger brother, and X’s widow) decided Y should perform the rituals. Despite our outrage, my father and I stayed silent to avoid disrupting the proceedings.
# Disrespectful Handling of Funeral Rites
Since this was the first death in the family in a long time, no one was well-versed in the rituals. Y, instead of consulting a knowledgeable priest, brought in a drunken friend who had somehow obtained priesthood. When we objected and suggested our trusted family priest, Y refused, insisting on someone from their own village.
As the rituals began, it became apparent that major steps were being ignored. Fufaji had not been bathed before being clothed, and *pind daan* was skipped before wrapping the body in *antim vidaayi chaddars*. We intervened, consulted our priest, and found that 70% of the required rituals had either been performed incorrectly or omitted entirely.
At the cremation site, the wood arranged for the pyre—procured by another of Y’s friends—was damp, making it impossible to burn the body properly. Despite multiple warnings from others, Y and his so-called priest proceeded, only for the fire to halt midway. This led to public embarrassment, with people openly mocking Y behind his back. Eventually, my father had to arrange for dry logs to ensure the proper completion of the cremation.
# Haridwar Rituals & Financial Exploitation
Two days later, we planned to take the ashes to Haridwar, arranging a taxi and informing the family in advance. My father, buaji, fufaji’s brother, his son-in-law, and Y were supposed to go. However, on the morning of departure, buaji called my father in tears—Y had accused us of sidelining him and claimed we had embarrassed him so much that the entire village was ridiculing him. He threatened suicide if my father accompanied them, forcing him to step back from the trip.
At Haridwar, instead of consulting our family’s traditional priest (who would have charged around ₹2,000), Y hired an unknown priest and paid ₹15,000 for the *asthi visarjan*, yet again displaying his irresponsibility.
# X’s Widow’s Neglect & Financial Misuse
While Y’s actions were disgraceful, X’s widow has also been highly negligent. She has avoided taking care of buaji and fufaji, always finding excuses to prioritize her own convenience.
One striking incident occurred when buaji underwent cataract surgery years ago. Instead of staying to help, X’s widow went on a trip to Singapore, claiming her tickets had been booked in advance—only for us to later discover they had been booked *after* the surgery was scheduled. Similarly, while buaji and fufaji never took a vacation beyond their honeymoon in Jaipur (1970), X’s widow has been taking 3–4 trips yearly since her marriage in 2008, never once bringing her husband (X) along because “*Ye wahan jaake kya karenge?*”
After X’s death, she moved in with her own family and rarely visited fufaji, only coming to ask for money. Even during fufaji’s last hospitalization, despite being just 30 km away, she never visited. The only time someone from her family came was when her mother visited—not to check on fufaji but to ask for another ₹2 lakh. Fufaji, being the loving grandfather he was, always complied, believing the money was ultimately for his grandchildren’s well-being.
# Legal Advice Needed
Given everything that has transpired, we need legal guidance on the following:
1. **Ensuring Y receives only his legal share** and does not gain access to assets meant for buaji.
2. **Preventing X’s widow from misusing family wealth** while ensuring the grandchildren’s needs are met, as they were the center of fufaji’s life.
3. **Protecting buaji’s safety** as she is the nominated next of kin and could be at risk from both Y and X’s widow.Fufaji worked tirelessly his entire life to build a secure future for his family. It is now our responsibility to ensure that his wishes are respected and that buaji is protected from any exploitation or harm.
Any legal advice on how to proceed would be greatly appreciated.
Thank you.
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AAshishmaster940
PARTICIPANT
March 28, 2025 at 4:39 amDivide the properties in equal share is the only way out.
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