Nomination in service book
Querist :
Anonymous
(Querist) 19 November 2011
This query is : Resolved
my husband died last month(our marriage subsist till my husband expired), he was working as Despatch Rider under PWD. in his service book he nominated his children( 2 from his ex wife and 1 from our wedlock) and his mother to be beneficiary of his service benefit. but his former wife claimed that the said nomination was surreptitiously changed by the deceased mother and claim herself to be the right person to enjoy the benefits. So this is the situation, what is the legal stand of my husband ex wife and can it be changed the service nomination without the person who made the said benefit(since my husband was already expired) and can the court pass and order against the said nomination in service book....pliss help
ajay sethi
(Expert) 19 November 2011
nominee is a trustee for legal heirs . although your husband may have in nomination made 2 children from 1st wife and your one child as nominees for service benefit they are holding the said benefits as trustee for your husband legal heirs .
in otherwords mother , exchildren from 1st wife, you and your child are enttiled to the same
Sankaranarayanan
(Expert) 19 November 2011
well anser by mr sethi. more over his mother and children and legal wife ( u) are entitled
Guest
(Expert) 19 November 2011
Please recheck about the facts for what particular purpose the nomination was made by your husband and in favour of which of the family members with how much share separately of gratuity, PF, and Employees Insurance Scheme, etc. However, detail of family members is also noted as per list of family members submitted by the employee.
Biswanath Roy
(Expert) 19 November 2011
It is not clear in your query whether the ex-wife of your late husband is a divorcee. If the ex-wife is a divorcee and your late husband fulfilled all the condition of the court to her entire satisfaction she cannot be the beneficiary of the goods and assets including service benefits of the deceased husband. Nominee means the beneficiary futuro. The court cannot interfere in the nomination of service book of your late husband.
Biswanath Roy
(Expert) 19 November 2011
It is not clear in your query whether the ex-wife of your late husband is a divorcee. If the ex-wife is a divorcee and your late husband fulfilled all the condition of the court to her entire satisfaction she cannot be the beneficiary of the goods and assets including service benefits of the deceased husband. Nominee means the beneficiary futuro. The court cannot interfere in the nomination of service book of your late husband.
Querist :
Anonymous
(Querist) 19 November 2011
thank alot... but sir what i need to know is whether my husband ex wife who is not included in the list of nominees of service benefit can claim the benefit against the nominees. is there any chance for making J&O against nomination and is there any landmark judgement by SC or HC in this connection...
Devajyoti Barman
(Expert) 20 November 2011
Nomination or not, his ex wife had no right over it.
You are repeatedly advised that the nominee is only a trustee and he has no independent right of inheritance.
prabhakar singh
(Expert) 21 November 2011
yes, i do agree experts query reply
