Right of mother in case of deceased son.
Kamal
(Querist) 20 March 2011
This query is : Resolved
Respected Sir, Namaskar.
My brother was a bank IT Officer. As ill luck would have it he fell ill soon after his marriage and expired on 29/10/2008 during his service. His wife left our house soon after his death. She has no issue. My brother married her without taking any dowry. But she took away with her ornaments worth of Rs 30,0000 and all luggage materials of Rs 20,0000 from my brother’s room where he lived.
Mother of deceased son wrote to the General Manager of concerned department many times but no action was taken in favour of mother. It is a matter of great regret that department gave brother’s wife both pension and job. Kindly suggest us if there is a law in favour of mother in case of deceased son so that pension or financial benefits may please be given to mother.
Thanks and with Regards – Kamal.
R.Ramachandran
(Expert) 20 March 2011
Pensionary benefits will go only to the wife of the deceased and not to mother.
However, mother being the class-I heir (similarly the wife of the deceased) is entitled to a share in the property of the deceased son/husband.
Kirti Kar Tripathi
(Expert) 20 March 2011
from the facts your query, it is not clear that whether your brother had any other property, which you have mentioned. the jewelery, which she took away is her stridhan, to which she is absolute owner. In Pension your mother has no right and job she got on account of compensated ground and as I understand, your mother is not eligible for the same. Apart from above, if your brother had any other property, your mother will have equal rights being class-1 legal heirs.
G. ARAVINTHAN
(Expert) 21 March 2011
Both mother and wife can claim equal share in the terminal benefits.
However, who is nominated in the service register?
G. ARAVINTHAN
(Expert) 21 March 2011
Mother and wife are equally eligible for terminal benefits
Ahmed Daud Girach
(Expert) 21 March 2011
On death of hindu individual property passes to heirs.Mother and wife are class I heir.On expiry of an employee a person gets following benefits.
Pension
Provident fund
Gratuity
Leave encashment
Insurance
any other benefit if the employee is subscribing to companys voluntary welfare schemes.
these all are within the meaning of property.And mother will be eligible to these property in equal share.Further compassionate employement also if mother was dependent on son on the record of servicebook daughter in law is duty bound to maintain her as she has taken job on comassionate ground.
For that a notice should be issued to daughter in law and bank and a civil suit in civil court on the basis of heirship right should be filed.
Jitendar Kumar gupta
(Expert) 21 March 2011
After the death of husband if the wife re marriage then she has got no right in the property as well as equatable right like the job on compensatory grounds of her deceased husband. If you need further advice/ information please call me at 9868529732.
