• Death Certificate

Hi,

On 20th May 2021, my husband passed away due to Covid in hospital. He was 32 years and I am 31 year old. We got married in April 2019. We do not have kid. I have marriage certificate and other proofs as well. Now my in laws are not giving me cause of death certificate from hospital. Nether going to give me death certificate. Also, they are asking me for his bank details and other investments too. And also, asking me for his mobile phone. Although i denied for everything. 

He worked in TCS. Company said that he has not made anyone nominee. and his money will be divided in three (spouse, mother and father). My husband has a younger bother. Both father in law and brother has well established business. 

I really need your advice that who is the legal heir and how can i claim my rights.

Regards,
Asked 4 months ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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10 Answers

On husband demise you and your mother in law are legal heirs 

 

father in law and brother have no share in his assets 

 

inform company that under provisions of Hindu succession act father is not class 1 legal heir

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Since you were married to him, and he didn't made any nominees all the money which he was holding will be equally succeeding to His father mother and you. 

 

Now you can talk to your in laws about the same and take NOC from them. It will be good that you take the death certificate from Municipal Corporation and claim money from banks while other securities will be equally distributed.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

If a person dies interstate that is without will, the court has to decide the succession and hence you need to file for succession certificate.

Contact via this platform

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

-   Nomination is irrelevant. 

Company have to distribute to legal heirs only. 

 

-   You are definitely legal heir. 

Your mother in law is also legal heir. 

You can not deny her share. 

Father in law and brother in law are not going to get share. 

 

-   You can apply duplicate death certificate from municipal office. 

 

 

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

- As per Hindu Succession Act, if son dies intestate without leaving behind a will then his property would be devolved upon his class I legal heirs.

- It means that his property and assets can be claimed by children, widow, mother

- Hence after the death of your husband and in the absence of children , you and your mother in law having right to claim only and not father & others.

- Further , you can get his death certificate direct from the office of Registrar in Delhi. 

 

You can contact me , if detailed suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

 Death certificate  you can obtain from Municipal  Authority by furnishing date of death and name of deceased, it is public document available to all. Cause of death will mentioned in death certificate. You have equal right  in the ancestral property of husband with other legal heirs. The share of husband in ancestral will transfer on you. You also have equal share in the self acquired property of husband. If you want of have your share you have to file a suit in the District Court. Issue lawyer’s notice  to all legal heirs seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share. Your right in the property will not be affected even after you remarry.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

1. Very sorry.  On your husband's intestate ( without executing a WILL ) death, all his movable and immovable properties get devolved equally to your deceased husband's mother ( mother-in-law ) and you, i.e., 50% each.

2.  Make an application to TCS, insurance company, bank, etc, along with marriage certificate and your husband's death certificate. If you are denied death certificate of your husband by your in-laws, obtain duplicate copy of the same from Corporation.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

Dear Ma'am, 

1. Since your husband died intestate, i.e. without leaving behind a will the property will be equally distributed amongst his mother and brother; his father will not receive any share. 

2. you will receive the death certificate from the Municipal Authority and you can communicate with the company regarding the share in peroperty. 

3. nomination does not have any consequence. 

Thank You

  • For further assistance, you can book a consultation with me. 
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Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

As per law the company can settle his death benefits to the legal heirs of the deceased employee and as per Hindu succession Act, the class I legal heirs are his wife and mother alone, his father cannot claim any share in the capacity of class II legal heir during the presence and availability of class I legal heirs. 

You can inform the company about it in detail and ask them to not to divide the settlement amount into three parts, instead it can be divided into equal parts and can be disbursed to you and your mother in law separately.

You can even issue a legal notice to the company about this.

About the death certificate you can obtain a copy of the death certificate from the local civic authority where it was registered.

You can get the cause of death certificate also from the concerned hospital, if they refuse to furnish the same, you can issue a legal notice through your advocate and obtain the same.

As far as his bank account the balance amount also shall be disbursed among the class I legal heirs equally hence you cannot refuse to give your mother ion law her respective share in that.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. The Class 1 heirs of a Hindu male dying intestate are his mother, widow and children.

2. Since your husband had made no nomination for his salary or other emoluments it will be given to you and his parents.

3. You can obtain a certified copy of death certificate from the Municipal Corporation if his death has been registered.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

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