• If wife all rights after husband death what about mother and father

Sir this srinu from hyderabad.we are four family members .1. me(srinu) 2.yellamma(mother).3.ramulu(father) 4.mallikarjun(brother). my brothe got govt job in 2007.and he married 2009.some after he died 2014.after he death 2nd day my brothers wife went outside playing with us.she took all policies and bank balance.mandal revenue officer gave us family membership certificate nothing but legal heir.1.wife 2.mothe 3.father.she got pension and employement allso.govt officials said that gratuity will sharing 3 equal parts as per legal heir.(family membership certificate).but she (my brothers wife) refused.sir our reuest is any judgements for this type of cases please tell us sir.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Yes, you would get in accordance of your legal heir certificate.

If she is contending then go to civil court and let her file her reply why no consent, and otherwise also no need of her consent as you all stand at individual level as per the legal heir certificate.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi, you have to file a civil suit for permanent injuction and obtain a stay order to restrain her from availing such benefits

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Vandana Bhimrao Jadhav vs Inhabitant Of Mumbai on 22 October 2013

The respondent in this particular case had not disclosed the names of the other petitioner nos. 2 to 4 as the legal heirs of the deceased when he filed a petition for issuance of legal heirship certificate. So, the court in this matter held that the petitioners are entitled to include their names in the legal heirship certificate issued by this Court in Petition No. 91 of 2009 as legal heirs issued under section 2 of the Bombay Regulation VIII of 1827 in favor of the respondent.

WIfe children and parents are eligible for legal heir certificate so if she doenot included them then file a MISC petition for challenging and adding names in legal heir certificate and interim stay in the high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Better approach jurisdictional court filing suit for injunction restraining her from availing all benefits. Since you people have certificate as legal heirs all are equally entitled to benefits. Each case is decided on its merits better not to rely on judgments since each case is unique in own aspect only the principles of cases may be applied but it won't be applicable to all cases.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) Parents are legal heirs in the gratuity

In the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The wife is the first hair in case of death of the husband and have exclusive rights over the properties and job on companionate ground. If parents claim to be dependent then they can share the gratuity.Brother is the legal hair of second line

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1)on demise of your brother your mother and widow are the legal heirs

2) mother is entitled to equal share in insurance policies , gratuity of her deceased son

3)obtain succession certificate from district court in name of legal heirs

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. Well, on the death of your brother his all assets will be liable for equal division among his widow, children and mother. The widow has only exclusive right over family pension.

2. So your mother can apply for succession certificate to claim share if money kyingin banks or his office.

3. In the said case your mother can seek injunction also so his daughter in law may not take all money beyond her share.

&. Inform the bank also on this account.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Even mother has share in sons property as per Hindu succession Act. Mother father along with wife are legal heirs in the property.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Client,

I`ll definitely provide ruling on this. But it is straight law, assets of deceased will inherit in his legal heirs by equal proportion.

Sec 8.General rules of succession in the case of males

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule

HEIRS IN CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter etc...

Father is class II heir, so property will devolve in wife and mother 1/2 each.

Mother can file, succession suit.

Even if she is nominee --

Nomination Cannot Override Law Of Succession Holds Bombay HC [Read Judgment]...

Read more at: http://www.livelaw.in/nomination-cannot-override-law-succession-holds-bombay-hc/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

It is too late, if you would have consulted any local lawyer he would have guided you. If the amount is not yet disbursed then go to Civil Court by filing suit and it will be devided into three parts and each one get 1/3 rd share, provided you are also nominees. Instead of asking somebody go through relevant sites as follows and educate yourself.

==================================================================================

http://www.agap.cag.gov.in/ae-pension.html

==================================================================================

Family Pension

(Rules 50 of the AP RPR Rules, 1980)

Family Pension is payable to the family of a Government servant who dies while in service or after retirement.

Family for the purpose of Family Pension means

Category - I

Wife / husband

Sons/unmarried daughters including widowed/divorced daughters up to the date of his/her marriage/remarriage or till the date he/she starts earning or till the age of 25 years, whichever is the earliest

Sons/daughters who are physically/mentally disabled throughout their life subject to certain conditions

Category - II

Unmarried/widowed/divorced daughters and parents who were totally dependent on the Government servant while he was alive where the deceased employee left behind neither widow nor child. When unmarried/widowed/divorced daughters and parents are alive the family pension shall be paid first to the widowed/divorced daughters and then to the parents. Father precedes mother

Note: Category II members are eligible only after exhausting all members in Category I.

Except in the case of widow /widower the grant of family pension is subject to ceiling of income of Rs.3350/- per month.

Where the children of the deceased earn not less than Rs.3350/p.m. or where the parents were not wholly dependant on the Government servant, no family pension is payable.

Family pension is normally payable only to one person at a time.

No nomination facility is available for family pension

If the son or daughter is suffering from any disorder or disability of mind or physically crippled or disabled so as to render him unable to earn a living even after the attaining the age of 21 years, family pension is payable for life subject to certain conditions.

Calculation of Family Pension - Family pension is calculated at two rates:

Enhanced Rate - Enhanced Rate of Family Pension is calculated at 50% of emoluments last drawn and in case of death after retirement, it is restricted to the pension admitted to the individual. The enhanced rate of family pension is payable for a maximum period of 7 years and not beyond the notional date on which the deceased would have attained the age of 65 years (Applicable only if service rendered is not less than 7 years)

E.g......

Normal Rate -- Normal Rate of Family Pension is calculated at 30% of the Emoluments last drawn. Family Pension resulting in a fraction when calculated, is rounded off to the next higher rupee.

==========================================================================================

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

What kind of judgment you want and what is your problem?

If your sister in law refused to accept the terminal benefits, the other legal heirs can avail their share.

As per Hindu succession act, wife and mother alone are the class I legal heirs, your father is not class I legal heir to your deceased brother.

The legal heirship certificate issued by the Mandal revenue officer by including your father as class I legal heir to your deceased brother is incorrect and invalid.

The death cum retirement gratuity can be divided among two only provided ther is no nomination in the service

records.

If she was the nominee in the lic policies then she can receive the policy monies.

Being his legally wedded wife and now widow, she is eligible for family pension.

This is the rule, why do you agitate on the legally valid issues

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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