• Death benefits

Hello,

My son recently died at the age of 35 and had a wife and 2 kids. He had multiple life insurances with different nominees but predominantly in his wife's name. All his other investments also had his wife as nominee. His employer is also providing funds based on company insurance, pf etc.

His wife believes she is entitled to all the death benefits and nothing legally goes to the parents. Can you please help clarify if this is true?
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1. Well, a male Hindu leaves his mother, widow and children as his class-I legal heirs.
2. The class -II legal heirs come into picture which include father only when there is no class-I legal heir is available.
3. In your case your wife inherits in equal share the properties left by your son along his widow and children.
4. The share is undivided 1/4th each.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Nominee is a mere trustee of the deceased. Your daughter-in-law does not inherit all the movable assets of your deceased son.

2. Your son has died intestate. Hence, his properties are inherited equally by his mother, wife and children. 

3. You have no share in the properties of your son.

4. A succession certificate is required to realize the life insurance policies and other investments.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
All his properties are inherited by his mother, daughter and children. No legal heir can claim a share greater than the other heirs.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Yes, nominee is a mere trustee and even if the benefits are disbursed to her, the nominee is obliged to divide the same among the legal heirs.
2. All of them have equal shares including in insurance money.
3. Ask your daughter in law to divide the properties and securities amicably. Else suit for partition is necessary.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) merely because nomination is made by your son in favour of his wife does not  entitle her to all the proceeds of insurance policies . 

2) on your son demise your wife is entitled to 1/4th share in her sons movable and immovable property as class 1 heir 

3) since your son died intestate you have to move court and obtain succession certificate
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) nominee is mere trustee for all legal heirs . 

2) in the event you apprehend that daughter in law may not give  your wife her 1/4th share you can move court and obtain stay restraining your daughter in law from collecting the proceeds of insurance policies 

3) your wife can file suit for partition to claim her share in property
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hello,
1) Regardless of the fact that the wife is nominee in all the insurance policies, in the matter of inheritance wife, children and mother if alive will have equal inheritance.

2) Let your daughter in law know the legal position, and if she is still unwilling to part with the share of her mother in law your wife will need to move the court to claim her share.

3) Nominee is merely a trustee of the assets. However only the rightful heirs can stake claim in the property.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. Nominee is treated as Trustee only and as heir,

2. In your case, your deceased son's wife, two children and mother will get equal share of all his moveable and immoveable properties,

3. So, all his said legal heirs will get 1/4th share of his moveable and immoveable properties,

4. You can file a partition suit against his wife. claiming your share.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Yes. Nominees are treated as Trustees only,

2. You can also write to the LIC and the office of your deceased son for not releasing entire payment to his wife in addition to filing a partition suit as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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