Are you legally divorcee through a court decree? if so you have not get any right over the deceased husbands movables and immovable and pension benefits .The wife continues to be the wife till the marital life is broken by a decree under the proceedings of the Hindu Marriage Act. Even if the husband and wife executed a document stating that their marital tie is broken, that will not be a valid document in the eye of law to show that the parties have dissolved the marriage. Divorce has to be obtained in accordance with the procedure under the Hindu Marriage Act. Section 13B of the Act gives opportunities to both husband and wife to get a divorce by joint petition. Further, underSection 13B(2) of the Act, divorce can be granted only with effect from the date of decree.

The Act of 1956 in terms of Section 8permits the widow of a Hindu male to inherit simultaneously with the son, daughter and other heirs specified in Class I of the Schedule. If divorce has been granted then the divorcee wife has no claim other than her maintenance from the property (if any). In case of re-marriage by a widow she should not be able to succeed to her husband.

The intention of the Hindu Succession Act, whether it is deliberate or not, appears to be as its provisions stand, that a subsequent remarriage will not work forfeiture. That is also consistent with authority.Ramaiya v. Mottayya ILR (1952) Mad 187 = (AIR 1951 Mad 954) (FB) held that subsequent unchastity will not make a widow forfeit the property which she has succeeded to her husband on his death.

the judgment of the Kerala High Court inAbdul Karim and another v. Raheesa Ansari reported in AIR 1986 Kerala 183, for contending that the legal heirs of a deceased, even if they are nominees under insurance policy are entitled to get succession certificate in respect of the insurance amount, as such amount belonged to the estate of the deceased which vested in the heirs in terms of Section 39 of the Insurance Act. Judgment in Thankam v. Rajanreported in AIR 1999 Kerala 62, for contending that since the decree of divorce was not obtained and the petition for divorce was dismissed. The wife as a widow entitled to succeed to the estate.

Sorry once you are divorce from him you are no more his legal heirs.The expenses made by you on him will not change the scenario.

So in other words you cannot claim his terminal benefits.

However if he has not remarried then the children born out of this marriage will be entitled to get his terminal benefits.

So your son or daughter can claim for such benefits.

You may not legal heir of him you are not eligible for his retirement benefits however you can recover amount spent for him from his legal heirs

Respected mam..

You can get this but you have to do efforts ..

Why do you want you as Legal hire of your husband as you had taken divorce you are not merely eligible to get that but you son is as weather on not you both took divorce but son remains of you both na just put your son ahead and fight for all the benifit coming ya your helping hand proof help here a bit that you can so even after divorce my son and me care for his health that proof will be work as an annexure

Thanku

1. Since you could not remarry him you are not his legal heir as the marriage was dissolved. Nobody becomes somebody's legal heir by spending money on his medical needs.

2. Your son is a legal heir to your ex husband though.

You are divorced and ha e no share in your ex husband terminal benefits

2) your son as legal heir would be entitled to your husband terminal benefits

Your name would not be included as legal heir merely because you spent Rs 10 lakhs in ex husband medical treatment and he was staying with you at time of his demise

Your son will his legal heir, as you have mentioned that you have taken a consent divorce the legal relationship between you and your husband is over. But your son has the absolute right to claim right over the assets of his father being the 1st Class Legal Heir.

You should register your re-marriage now under Hindu Marriage Act showing your re-marriage on the date when your huband came back.No need to legal heirs certificate during life time of your husband.After his death you can get legal heirs certificate by showing death certificate and marriage certificate.

Hi,

Remarrying was the option in this case you missed but the son has all the rights to claim his terminal benefits and as he is minor and you are the natural guardian of the son you may proceed on his behalf.

There will be problem in claiming the legal hair ship as you are divorced to get the pension.

Thanks

Dear Client,

By law of succession , ur son is first class legal heir and posses absolute right in his assets if die intestate.

U r legally divorced so cant claim any share in the property, otherwise u were equally share holder in his property.

But u can recover all expenditures u spend on his medicinal from his heirs who receive his properties.

U need not worry, ur son will receive all the amounts.

You are not a legal heir to your ex husband, since your status is not that of a widow, your marriage having been severed 15 year prior to the death of your ex husband.

You son is a legal heir to your ex-husband.

Q. Whether law permits me to include my name if i show the proof my having spent moneies from my account and he was residing with me and our son?

Ans. No.

Since legally you are not his wife therefore you can not claim the terminal benefits.

Take note of the fact that your son being the legal heir can get those benefits

As asked by you, merely because you did an expenditure of Rs. 10 Lakh on his health will not make you his legal heir. That happens to be no ground for being the legal heir.

Regards

Hi

Sorry you cannot be legal hire of him.

Your son can only be because he was father of your son but not your husband.

Sorry

Thank You