• Regarding benefits to legal hair

Sir/madam
my maternal aunt was a central govt employee.unfortunately she died on Feb 2018. She was divorcee ans her daughter died at the age of 11yrs. Now her 2 brothers and a sister is legal hair of the benefits and the money saved in Provident Fund and other benefits of central govt. are they actually get the money?
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Since she has no class one legal heirs her class 2 legal heirs will get all the movable and immovbale property she has in case of her intestat death so they have can apply for succession certificate for all amount in bank, pf any shares.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as per the information provided by you in the present above query, makes it clear that no one so close to her left in her family.

Secondly, yes, her brothers and sister are the only legal heir as per the law.

Thirdly, the property will dissolve as per the Succession Law.

Fourthly, they all would need to get the legal heir certificate from the Tehsildaar for getting the provident fund and other liquidity.

Fifthly, but, she has any immovable property left then all would also need to get the succession certificate from the court of civil law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello

Yes they are entitled to all her property. They will have to obtain a succession certificate from the district court and based upon that the bank will release the funds.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Hi,

The legal heirs, if mentioned in her service documents, may claim the money.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. IF the deceased has not executed a WILL, THEN ALL the residual Legal Heirs are entitled to EQUAL share of the Deceased's property.

2. Obtain Legal Heir Certificate from the local Tahsil office and submit the same to the Govt. Dept. IF they do not agree, THEN you file Petition before the local Civil /High Court, to issue "Letter of Administration"

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You have to get the account details her bank details death certificate of her along with divorce order and then these documents you have to apply for succession certificate .

Further first contact concerned bank if they are ready to disburse you funds on indeminity then it will be easy

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

On demise of maternal aunt her siblings would be the legal heirs

2) they should apply for and obtain succession certificate from district court for money lying in provident fund etc

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You need death certificate of sister

2) schedule mentioning provident fund and other assets of aunt

4) name of the legal heirs

5) you should get succession certificate in 6 months

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The list of documents may be:

Death certificate

proof of being legal heirs

certificate from local authorities

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If your uncle is not alive, her siblings would be entitled to inherit everything in her estate being class 2 legal heirs of your aunt.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

For this, you'll have to obtain a succession certificate from civil court, declaring her siblings as the rightful legal heirs of your aunt.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

All 3 of them will get equal share of properties,.

house, land and term deposits left behind by your aunt.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

they should get the money

2) nominee is only trustee for legal heirs

3) after divorce he has no right on provident fund dues

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Since divorced husband has no right and the nominee is just the care taker on behalf of legal heris the brother and sister shall get the money.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

In the absence of I class legal heir, Brother sister being 2nd class legal heir, entitle to equal inheritance. Apply for legal heir certificate at Tehsildaar office. On the basis of LHC, everything will transfer in them.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

After divorce, husband cannot claim any interest in the wife's property.

So, your aunt's inheritance would accrue with other legal heirs ie. Her siblings.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

This is my response to you:

1. You will need to obtain legal heir certificate;

2. Once you do obtain the same then submit it to the officer and state that the deceased has other class I heirs;

3. Once that is done the transfer of wealth will take place.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You may have prepare affidavit giving all the details and attaching all the documents before approaching to court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The so called class II legal heirs have to obtain succession certificate through court of law for availing her terminal benefits including the PF and other funds that remain in her bank account.

Except pension, they can get all the other amounts that are due to her and are remaining in any bank account.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Sir what should we do firstly,I mean how they proceed for this benefits? what documents they should accumulate?

Obtain the death certificate.

Procure her employment particulars

Her PF account details and the accumulated amount in her account

Particulars of her gratuity benefits

Her ration card, PAN details, and other identity card details

The particulars of the class II legal heirs to the deceased to prove them as her class II legal heirs.

File a succession petition before the court competent with the help of a local advocate.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Though in service documents her divorced husband name is mentioned in nominee column we have the divorce copy.

You can give a letter to the office to stop disbursement of any terminal benefits that are due to her to her divorced spouse by producing the copy of the divorce decree, in the meantime you may also obtain an injunction order against her office authorities restraining them from disbursing any amount that is to be paid as terminal benefits, to her divorced husband till the disposal of the main petition seeking succession certificate.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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