Is a son who is under custody of mother eligible to be nominated by his father
Enitha
(Querist) 23 October 2016
This query is : Resolved
I am a innocent divorcee (not remarried) I have a query regarding nominee. My son is 16 yrs old under my (mothers )custody ...I came to know through some friends that his Dad has not included him (his son) as a nominee in his service record. He has included his 2 niece (sister's daughter) and his mother as nominee.
I want to know
1.Whether my son is eligible to be a nominee?
2. If at all eligible, what percentage of share is my son eligible ? Will all 4 of them equal share or only my son is eligible as he is only son . His dad is not remarried.
3. Is it right legally to nominate sister's daughter in the presence of his only son?
Kindly clarify sir
Kumar Doab
(Expert) 23 October 2016
You have not mentioned your Ex.husband is employed with which establishment?
The said nomination is for which service record?
What is personal faith e.g; Hindu?
You are divorced.
Probably custody of son is with you.
Generically speaking: The def. of Family is inserted under various enactments.
Nominee is mere trustee.
adv.bharat @ PUNE
(Expert) 23 October 2016
Author need to explain the query raised by expert.
Guest
(Expert) 23 October 2016
Father is not compelled to make his son a nominee for any purpose. He is free to nominate anyone he likes for whatever purpose.
kavksatyanarayana
(Expert) 23 October 2016
Agreed with the advise of expert Mr.P.S. Dhingra sir.
P. Venu
(Expert) 24 October 2016
The nomination of persons other the son does not deprive the son of his status as the legal heir. As rightly pointed out, a nominee is only a trustee on behalf of the legal heirs.
Moreover, if your husband is a Government servant is required to nominate member(s) of his family as nominee if he has a family. Nieces do not fall within the definition of family.
Kumar Doab
(Expert) 24 October 2016
Venu Sir,
Is forthright.
Agreed.
'The def. of Family is inserted under various enactments.
Nominee is mere trustee.
'
Author may post; Where exactly the nomination is to be made?
Enitha
(Querist) 24 October 2016
Ex husband is working at directorate of medical services ...he is not remarried.
please clarify whether only my son is eligible to be nominee or other relations like his neice also ??
Nomination to be made in his service record.
Guest
(Expert) 25 October 2016
You are time and again been stressing on nomination. Appropriate responses have already been received by you. It is not understood why you want to stretch the thread further. For the purpose of nomination, eligibility is not the criteria, as that is the sole discretion of a person to nominate any person he desires to take care of his wealth and entitlements after his/her death. Nobody can force any person to nominate some specific person.
P. Venu
(Expert) 25 October 2016
In accordance with the extant service rules, a person having family can nominate any member(s) of the family as the nominee. It is not necessary that a articular member of the family should be the nominee. It is the personal discretion of the government servant.
Enitha
(Querist) 25 October 2016
Venu Sir, my ex husband (not remarried)has been depriving his only son of all his rights just because he is under my custody ...he has gifted of all his property to his niece (his sisters daughters). He has not registered his son as a nominee in his service record too, then what right my son has ??? In fact he divorced me on the direction of his sisters who were after his property and have succeeded in achieving it.
Kumar Doab
(Expert) 25 October 2016
It is believed that you are Hindu.
Wife, son have no forced share in self earned/acquired property of husband/father. He can dispose it in his life time by a valid deed ( e.g; gift deed) in favor of anyone.
Wife is not coparcener in ancestral property of husband.
Son has stake in ancestral property.
Mr. Venu has already explained that employee can nominate anyone from family. Family is explained in extent rules.
Rajendra K Goyal
(Expert) 25 October 2016
Self acquired property belong to your ex- husband. He can sell / gift / mortgage / bequeath a will for the property.
You or son can not object.
Nominee is only trustee, not absolute owner.
Guest
(Expert) 25 October 2016
Your son has no right during the life time of your husband.
Kumar Doab
(Expert) 25 October 2016
You have done very well by stretching the thread.
You have received the correct response to the points that you have raised.
You may speak to your able counsel, in confidence.
