• 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 2 years ago in Constitutional Law from Kendrapara, Odisha
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.
Ashish Davessar
Advocate, Jaipur
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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
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
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231 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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we have advised you at length  based on  facts stated by you
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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thanks  for your appreciation
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0

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