• My sister got divorced and after that her ex-husband passed away

is she still entitled to his retirement benefits. his mother is alive. in all his documents he has put my sisters name as nominee. if she remarry now shall she get these benefits? she will not get the family pension if she remarry. but what about gratuity and provident fund ? please advise.

Gopakumar pandarikkal
Asked 1 year ago in Family Law from Thiruvananthapuram, Kerala
Religion: Hindu
1) After divorce your sister is no longer the legally wedded wife of her ex husband 

2) nominee is only trustee for legal heirs 

3) your sister won't be entitled to retirement benefits of her deceased ex husband 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. After divorce your sister is not entitled to make  any claim in the movable or immovable assets of her ex-husband.

2. The nomination made by him was valid only as long as the marriage existed. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Legally, if she is divorced, she is not his wife anymore, therefore she cannot claim any rights as widow as well.  Once she is a divorcee, she cannot become his widow therefore even if the nomination in the service records remain unchanged, she is not eligible or entitled to any service benefits including the terminal benefits namely PF or gratuity.  Therefore question of re-marriage does not arise for claiming any benefits of her deceased ex-husband. Try some other method which cannot be discussed in open forum like this.  
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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Hi,
If your sister has obtained divorce from her  husband she stands with no claims from him after his death.
His mother will get the benefit, if you do not have any children then his mother will get it.
2. It does not make any difference whether she remarry or not as such she has no claims after divorce.
Your sister is legally not liable o get pension gratuity or PF, even if her name appears i the record as nominee.
always the relation ship with the nominee is mentioned on the record as your sister relationship  changed as iwfe, his family can produce the divorce decree and get the claim in their name.
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) Once the divorce is decreed the divorced wife loses all rights attached to her marital status.

2) If the mother of the deceased is alive she will be the one to inherit the assets of her deceased son which will include gratuity, pf and pension if any.

3) Your sister being the nominee does not entitle her to any rights now. Her remarrying had no relevance to the entire situation.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
no, after remarry she will not get any benefit from her previous husband.

after remarry the wife will not be entitle to get any benefit.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Your sister had got divorced from her husband before hi death so she is not entitled to any retirement benefits. So she may go ahead and remarry. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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