Nominee is only a trustee who is entitled to receive the money on behalf of the legal heirs of the deceased. Your sister-in-law is only one of the legal heirs of your deceased elder brother. So she cannot lay a claim to the entire movable property of your deceased brother as it will be divided equally among all his surviving heirs, albeit she is entitled to claim her deceased husband's share in the ancestral property, if any.
Needs Justice
Last year May 7th, my Elder brother got married but unfortunately, in an accident on June 3rd with in 27 days of his marriage life, my brother passed away.Now my sister in law staying with their parents.But 6 months before their marriage, my brother added her name in his Life insurance(LIC) policy and his salary account as nominee when they were in love during that time .Now my sister in law wants to claim that LIC amount. Even my father agreed for that to give full amount her. Now my father wants to share his 7th generations property to me and my younger brother for that my father requested her to sign on the court affidavit paper saying that she will not interfere on this sharing. But she is telling orally that i will not interfere but she is not ready to sign on the affidavit paper. Now my father feared that it may create the problem in future. so according to Indian law whats the proper way through which my parents get justice..
Asked 10 years ago in Constitutional Law
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8 Answers
1) on your brother death his property would devolve on all legal heirs .
2) his widow is only one of legal heirs . merely because she is named as nominee does not mean she will take all the insurance proceeds . your parents are also legal heirs and have share in the same .
3) as far as ancestral property is concerned his widow is entitled to her husband share in the ancestral property
Thanks lot for your reply. I have another question. Currently she don't have any child. Also there is no guarantee that she will not marry other guy in future.Also she is not ready to stay with my parents any more. In this situation, In case of getting ancestral property share, if she marry other guy, we are suppose to be looser of my brother and property. Already she got few lac's of amount from my brother's company. Now my father is ready to give entire LIC amount for her settlement. Only thing we want our ancestral property to be divided among us(me and younger brother). Since we have the doubt over her second marriage, we are not ready to share our ancestral property. If she will not marry any more, we can give the share. For this to know, shall we wait for couple of years. In the mean time shall My parents claim LIC policy for their share. How much % of share my parents will get.Please advise
Asked 10 years ago
Her subsequent remarriage will not emasculate her right in the ancestral property of her deceased husband. You cannot deprive her of her lawful share in the ancestral property. The property is to be divided equally between her, you, your father and brother. Your parents and the wife of your deceased brother are entitled to an equal share in the proceeds of the LIC policy.
Thanks sir,Needs more advice....
Asked 10 years ago
This mean we are the looser,disgusting sir,,suppose after taking her share from my ancestral property she will marry.so my parent loss their son ,we also loss our elder brother.is it right ???
Asked 10 years ago
she is at liberty to remarry . even if she remarries she wont lose he share in the ancestral property of her husband . your father , mother and your brother wife have equal share in the LIC proceeds
1. Your brother has equal share on the ancestral property alongwith other legal heirs,
2. Your decesaed brother's wife has the right of ownership of her husband's share of the property,
3. Your father has no right to ask her to relinquish her such right on her share & sign an affidavit.
What is disgusting? Do you expect a female who became a widow at such a young age to remain a widow all her life? Should her proprietary rights be made contingent on her remaining a widow till her last breath? She can remarry after culling out her share in the ancestral property and the movable property of her deceased husband.
Mr. Ashish Disgusting means my parents also loosed their son.no one is thinking about my parents emotion and sorrow.we also thinking about her settlement. This is not mean like THE SNAKE GETS KILLED BUT THE STICK DOESN'T BREAK. isn't it ???Shame on Indian Constitution and Law.ok according to you people after getting share from my ancestral property she will get marry and if again same thing happen in her life,she will again get share from that guys ancestral property.Shame Shame Shame !!!
Asked 10 years ago
we have advised you at length based on facts stated by you
Thanks for your Advise...
Asked 10 years ago
thanks for your appreciation