• Legal rights of a second wife wedded legally on death benefits

Sir, My dad had expired recently. My mother was his second wife. He married my mom after almost 5yrs the death of his first wife.My father kept my mom as nominee in all his official benefits including GPF, GL etc. But still agreed to give 1/3 part to dad's first wife's daughter who's married with two children (boys). Now the girl and her husband are harassing us and sent a letter to officials and MRO saying that my step mother and step sister are depriving me from taking those amounts, so add me as family member and give me those amounts. We are shocked by this letter. We want justice legally sir, we don't want any illegal amounts. We are in a bad financial situation and totally dependent on my dad. Please help us what benefits we will get legally.
Asked 2 years ago in Family Law from Ongole, Andhra Pradesh
Religion: Hindu
Hello,
The children of your father in both marriages have equal rights as heirs.
This would mean the daughter from the first marriage and the children from the second marriage have one share each with the second wife
If your father died intestate, that is without a will the property will have to be divided in equal shares among all heirs.
Did you recieve a notice from your step sister?
You will need to appoint a lawyer to appropriately reply to the notice if any and possibly try for an out of court settlement.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Your step sister has equal right on the moveable and immoveable properties of your father,

2. You mother being the nominee is the trustee of those accounts of your father & is not the sole owner of the amounts kept in those accounts,

3. She might file partition suit claiming her share of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12105 Answers
231 Consultations
5.0 on 5.0
1.all children of ur father have equal share in his properties .  

2 u will have to give her share.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Whatever benifit you will get from the office of your deceased father, including PF, salary arrears etc., shall have to be shared with all the legal heirs of your father,

2. Your logic that you  are dependent on your father's alary or she is married does not entitle you to deprive her from her dues,

3. Try to settle the matter with her amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12105 Answers
231 Consultations
5.0 on 5.0
In accordance with law of succession all children of deceased father have equal share as he died intestate and nomination of your mother does not entitle her to claim sole ownership.better settle with them amicably lest they may file suit to claim their rights and share.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) your father died intestate ie without a will . 

2) on his death his daughter from first marriage , second wife and her daughter each would have 1/3rd share in father movabale and immovable assets . 

3) although your mother is a nominee please note nominee is only trustee of all legal heirs . 

4) the PF money , etc received by your mother as  nominee would have to be divided equally among all legal heirs
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
1) in the vent any legal notice is received from your step sister contact a local lawyer and reply to legal notice . 

2) amicable settlement is best option . in the vent you refuse to give her 1/3rd share in your father property she may file suit for partition for claiming her 1/3rd share in your father estate
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
a. what ever benefits like pension, gratuity etc.which you will get from office of ur father will be divided among 3 legal heirs of ur father, that is, ur mother, urself and ur step sister equally as ur father did not left any will.

b. reply legal notice of ur sister by lawyer only.

c. ur step sister can file partition suit in court to get her 1/3 share as per orders of court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hello,
1) As mentioned previously the benefits of the deceased father devolves equally on all legal heirs.

2) This would mean that your mother, yourself and your step sister would have equal shares in whatever benefits that arise from your father's estate, including the so called ' death benefits' as heirs of the deceased.

3) As far as your financial status is concerned, it is a matter of consideration in your family settlement.Negotiate with your step sister who is married and with her consent apply to the concerned government department to employ you on compassionate grounds as your father passed away in harness.

4) As a matter of right your mother or you can not claim a greater share for the foregoing reasons stated.

5) As advised reply to the lawyer notice from your step sister as a lawyer notice must always be replied to; and in the meantime either directly or through mediators begin to negotiate with her for an amicable settlement in your favour.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Nomination does not oust the rights of other legal heirs as a nominee is just a trustee for all the legal heirs. On the basis of nomination a nominee cannot claim exclusive right over the movable property.

2. Your step sister has an equal share in all the movable and immovable assets of your deceased father. If she is denied an equal share in these assets she may file a suit for partition in the court to cull out her share.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. All the benefits which accrue to you from the service of your deceased father such as PF, arrears of salary, etc shall have to be shared with your step sister. That apart, if your father made any investments in shares, mutual funds, bonds, etc, your step sister has an equal share therein.

2. It is in your interest to give to her what is her lawful share lest a legal battle is started by her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
On the death of your father, his property is divided in three parts and each part goes to your step sister, your mother and you. You as a dependent may claim for service because your father died during service. Your step sister is married and she is not dependent so she can't claim for that. She also can't claim for pension because pension is not transferable property. Its beneficiary cant transfer it to any other person even her daughter.  You are the single person eligible for claiming that right. Divide the properties in three parts and claim for service from dependent quota.
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0
all the legal heirs are equaly entitled on the property . ie step mother children and your mother since each is entitled to 1/3 rd on property.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

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