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Maintainance to old mother

(Querist) 22 October 2014 This query is : Resolved 
Dear Experts,

Please refer to my earlier query regarding my "uncle met with an accident" my uncle expired on 15.10.2014. well he was recovering with his head injuries. on 04.10.2014 he was been discharged by medical hospital and had advised to be shifted in other govt medical hospital, but his wife did not keep him there saying that other hospital is in bad shape. and was taken hom,e. on 7.10.2014 his situation was very bad and was taken back to hospital from where he had been discharged earlier. and when taken the xray it was revealed that his lungs were totally infected due to pneumonia. after eight days he breathed his last.
now my concern is he have left his old mother behind and in his company all his nomination are on his wife name. please advise me if there is any remedy to get some thing for this old mother who is left nothing by his son. can she claim from his son company? please advise? thanks..
Anirudh (Expert) 22 October 2014
The mother will get 1/6th share from the properties (both movable and immovable). Therefore, she has to stake her claim.
Just because the wife has been made the nominee does not mean that she will get the entire property. In the fact situation given by you, the wife is a 'trustee' for other legal heirs and she has to distribute it to all the legal heirs according to their share.
Tanaaz shaik (Querist) 22 October 2014
Thanks Anirudh Sir,

Sir, could you please advise how to go about this for claiming? means do we have to write to deceased company? please advise.. thanks indeed
Anirudh (Expert) 22 October 2014
Yes. Your mother should write a letter to the Company, by Registered Post.

But you have not indicated whether it is a Limited Company, private limited company etc. Further more, what was your Mama in that Company? Please also indicate in which City/Town you are located.

For Immovable property (like building, flat, house etc.) you have to similarly stake claim. If your Mami is not giving, then your mother has to file a suit for partition in the appropriate Civil Court.

ajay sethi (Expert) 22 October 2014
agree with Mr anirudh
Rajendra K Goyal (Expert) 22 October 2014
Well advised by the expert Anirudh, agree to it. For lodging claim, it would be better to take help of some professional.
Sudhir Kumar, Advocate (Expert) 22 October 2014
not able to agree or disagree with any view.

You query is vague. in a singel reading the doubts are not cleared :-

(1) What was his relation to the company /owner /director/ employee.

(2) for what purpose the nomination-is there.
V R SHROFF (Expert) 22 October 2014
Nominee is only a care taker. All legal heirs will get their share
Sudhir Kumar, Advocate (Expert) 22 October 2014
not able to agree or disagree with any view.

You query is vague. in a single reading the doubts are not cleared :-

(1) What was his relation to the company /owner /director/ employee.

(2) for what purpose the nomination-is there.
Guest (Expert) 22 October 2014
Student's academic query.
Kumar Doab (Expert) 23 October 2014
Stake the claim and register 'Aitraz' for en
tire disbursement to nominees.
T. Kalaiselvan, Advocate (Expert) 23 October 2014
A nomination made for terminal benefits of an employee shall not be termed as a trust to receive the terminal benefits on behalf of the legal heirs of the deceased employee but a beneficiary. In this case, the intestate property will devolve on the mother of the deceased being his class I legal heir and she will be entitled to an equal share in the property left behind intestate along with other legal heirs. If she has been denied her rights or share, she may file a partition suit.


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