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Nishanth   11 September 2017

Death benefits after central government employee expired

Hello Everyone, I need advises on how to proceed further in my case. My father is an Central Government employee and he had expired all of sudden 2 months back in hospital while in service due to heart stroke. While proceeding for his death benefits in his organisation, suddenly we came to know that an lady has entered into his organisation with an court injection order claiming that she is his second wife and claiming that she is the legal hire for all his death benefits and properties and bank balances etc. Also she claimed in the court notice that he got divorced to his first wife. My mother and father was not separated and no divorce was issued by any court, infact the court got cancelled the divorce petition as we are not ready to give divorce and my mother dint want to separate from my father. The lady which came now she is saying that they got married in a Temple on 2012 and leaving together till now,she didnt have any document proof\marriage certificate that she married to my father. Also she created a will by doing forgery of my fathers signature in that it mentioned that all his death benefits\properties\bank balance should belongs to second wife and not required to give to his son too and that is not registered. I need advises on how to proceed on this, how the justice will be done on this case.



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 6 Replies

Kumar Doab (FIN)     11 September 2017

It is believed that you are all Hindu and also 2nd Lady.

 

Confirm!

Kumar Doab (FIN)     11 September 2017

It is not mandatory to register the WILL.

If the WILL is valid then it can be acted upon.

Any valid WILL; unregistered or registered can be contested e.g; forged signatures as claimed by you.

It is mandatory to probate the WILL in areas of Bombay,Madras, Kolkota.

 

Kumar Doab (FIN)     11 September 2017

In case of Hindu man; till 1st marrriage subsists he can not remarry.

Divorce can only be granted by court of law.

 

 

Kumar Doab (FIN)     11 September 2017

Engage a very able LOCAL senior counsel of unshakable repute and integrity specializing in Civil matters and having successful track record and contest the matter in court of law.

Nishanth   18 September 2017

Yes we all are Hindu and the 2nd Lady too.

Nishanth   18 September 2017

Thank you Doab Kumar,

 

Is their any chances that the 2nd lady can get legal hire (ownership - as legal second wife), Few of the people warning me that she can get  a legal hire as a Second wife though your mother and father didn't divorced and the second lady has chances to get the death benefits.

2 Nd point which need clarification :

Few of the people saying\warining to me that she stayed with your father for 5 years and under leaving relationship act as per the new laws by supreme court by considering leaving relation ship she can get deatch benefits too, is that true. 


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