Hi Experts,

I need your opinion on the rights of legal heir in the following case –

A (husband) and B (wife) marry. Two years after the marriage, B expires interstate (without leaving a will). A and B have no children. Is A (husband) her sole legal heir?

1)     1) Life Insurance - B (wife) has life insurance from office and two more life insurance policies. B has nominated her mother in all of them and does not change the nomination post marriage. Insurance company says that they will pay the insurance sum to B’s mother. Isn’t A (husband), being the legal heir, should claim the insurance sum?

2)      2) PF and Gratuity – B’s mother is again the nominee. She would receive the money.

3)      3) B’s salary account - B’s mother is again the nominee. She would receive the money after the final settlement from office.

 

As far as my understanding, a nominee is only there to ‘receive’ the money and should distribute the money to legal heirs (Husband in this case)?

 

Thanks

Nominee is only a custodian of the property, and has no title over the same, and succession to the property would be diatributed as per the personal law of the parties.

I think if husband is made compulsary to give 50% to wife in all then it should be same if wife is there.

Thanks Mr. N.K.Assumi for replying. 

What do you mean by "the personal law of the parties"?

Thanks.

Indian law on matters pertaining to marriage, divorce and succession are governed by personal laws. In case of succession here, hindus, muslims, christians etc are governed by different rules of succession as per the law applicable to them, eg. hindus are governed by hindu succession act, 1956, christians by indian succession act etc 

Thanks Adv Archana for saving my time. Mr.Sushil, are you still ignorant of your personal law?

Thanks Adv Archana. I looked into the act but the language is a bit difficult to understand. Please help me here -

Can you please let me know who should receive the various sums in case of a married hindu female, who dies interstate, leaving behind the husband and no children?

Her mother is the nominee and would receive the sums. What options are left with the widower to claim the amount that is rightfully his. Can some preventive action be taken to stop payments?

Thanks

In my opinion the husband should be entitled to the property.

As per my opinion A (husband) should file a Succession Application before District & Session Court alongwith Temperory Injunction Application. Once court grant TI in your favour nominee can not take amount from anywhere. Thereafter let the sucession application decide.

Thanks Rakesh. 

How much time TI takes? Shouldn't applications be moved to various authorities (PF, Insurance etc.) to not disburse the amount to the nominee till the time TI is granted?

Also, can someone post the format of such an application.

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