Nomination before marriage
priyanka
(Querist) 28 November 2017
This query is : Resolved
Respected sir/ madam,
I am a widow women. My late husband worked in a reputed company of gurgaon, After my husband death, I applied for death claims, funds and insurance of my late husband in his company, but company told me that before marriage your husband mentioned the name of your mother in law in nominee for claims and funds, company told me that After marriage your husband did not changed the nominee from (mother to wife), And now just because of that reason my mother in law also demanding 50% share from death claims, funds and insurance.
Sir, i just want to ask that nomination made before marriage is valid or invalid, because my husband made it before marriage, sir, someone told me that nomination made before marriage is invalid, because after marriage nominee will automatically becomes wife because she is the legal hier, so she is the only one to entitle all death , claims and funds of her husband, and mother inlaw has no right of demanding 50% share in death, claims and funds.
Sir, i am in a extreme pain, please guide me, what is right and what is wrong because ((my mother in law is taking advantage just because her name mentioned in nominee, my mother in law was a government employer, and her husband was also a government employer but expired few years back, when her husband expired , she had taken all funds, claims and insurance of her late husband, now she is taking 2 government pensions, 1) her husband government pension , 2) her own government pension, and living happily in her husband house)) , Than also she is demanding 50% share in my husband company funds, claims and insurance , sir plz guide me , what should i do, where will i go, plz tell me that nomination made before marriage is valid or invalid, please guide me, i will be very thankful to you.
Thank you
Priyanka sharma
Email id :- priyanka_sharma1988@yahoo.com
Guest
(Expert) 28 November 2017
Nominee is just an authorized person to do the job of distributing the funds to legal heirs
Guest
(Expert) 28 November 2017
Fixed deposit must be paid only to nominees, says HC
In the event of the death of a Fixed Deposit holder, the deposited money should be paid only to nominees even if there were rival claims by other individuals on the ground of being the legal heirs of the deceased, the Madras High Court Bench here has said.
Justice K.K. Sasidharan made the observation while allowing a writ petition filed by M. Rajeswari of Virudhunagar who had been nominated by her husband Muthuchamy to receive Rs. 8.5 lakh deposited by him with the Virudhunagar District Central Cooperative Bank.
The judge said that the bank should necessarily pay the amount to the nominee and it could not be heard to say that the amount was not disbursed to her just because there was a rival claim made by another legal heir of the depositor.
Sounding a note of caution, the judge said that the payment of the entire deposited amount to the nominee would not in any way stand in the way of other legal heirs claiming their proportionate share from the nominee by instituting appropriate civil proceedings.
They could even obtain an interim order from the civil court restraining the bank from disbursing the amount to the nominee until the dispute over their share was sorted out.
But in no circumstances, a bank could stop disbursement on its own by citing rival claims.
The purpose of nominating a person with respect to fixed deposits was to simplify the procedures involved in disbursing the amount.
There was no legal requirement that a person nominated must be the legal heir or representative of the depositor, the judge added.
Guest
(Expert) 28 November 2017
Read the referred judgement posted above which would clarify all your doubts please
Guest
(Expert) 28 November 2017
You could obtain an interim order from the concerned court restraining the Bank from disbursing the amount to the nominee until your dispute over the share is sorted out please
P. Venu
(Expert) 28 November 2017
This query had been raised earlier and many an expert have offered their suggestions.
N.K.Assumi
(Expert) 28 November 2017
"So far as nomination is concerned there is no any appreciable difference between the English and American Laws on the one hand, and what obtains in our country. According to the English Law the payee or the nominee is nothing more than an agent to receive the money, which money remains as the property of the assured and at his disposal during his life time and on his death forms part of the estate. The result is that the payee or the nominee takes no beneficial interest in it."
SHIRISH PAWAR, 7738990900
(Expert) 28 November 2017
Being nominee your mother in law cannot siphon-off all the money. You can file succession certificate application in court to declare you as legal heir with respect to the properties of your husband. But remember you mother in law is also one of the legal heir of your husband.
Dr J C Vashista
(Expert) 29 November 2017
File a suit for succession through a local lawyer.
Guest
(Expert) 29 November 2017
Seems to be a hypothetical academic query.
However, if true to some extent, to disable your mother-in-law from siphoning off the money, you should be fully ready to get the money of your purse to be siphoned off by some lawyer to fight the case to get court order or to get the succession certificate, as the company will not be obliged to pay the money due to existence of your husband's nomination.
Even otherwise also, you cannot deny the share of your mother-in-law, as permissible by law. Rather, you should be thankful that your mother-in-law is ready to share the money with you.
Sudhir Kumar, Advocate
(Expert) 29 November 2017
I tend to slightly disagree.
The obligations of nominee in pension matters are not the same in pension gratuity matters is not the same as in others fields of law.
Please refer to your earlier thread
http://www.lawyersclubindia.com/experts/regarding-widow-rights-663416.asp
Sudhir Kumar, Advocate
(Expert) 29 November 2017
I repeat what I said on earlier thread
अगर कुछ करना है तो सलाह आपको दे दी गयी है
अगर कुछ नहीं करना तो ढोल बजाने से भी आप कुछ नहीं करेंगी
Guest
(Expert) 30 November 2017
Vague description of the problem, as pointed out on her same question thread in the forum section at the following link:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=156618&offset=1
