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Ellamma (Querist) 06 June 2014 This query is : Resolved
Dear this is iam writing on behalf of my sister. 20 years back she was married to our maternal uncle He is a central govt employee.He started tourturing her sent her back to our house she was there with us in a hope that one day he will come back.10 years before he got married.nw he is suffering from liver cirrosis he has returned to us. but he has given second wifes name as his nominee.Nw my sister is a cancer patient we cant wait for the time to pass.hw we have to proceed. Anyone please reply its urgent

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ajay sethi (Expert) 06 June 2014
1) did your uncle divorce his first wife? if no divorce had taken place second marriage during subsistence of earlier marriage is illegal

2) your uncle can change his nomination . nominee is only trustee for legal heirs

Ellamma (Querist) 06 June 2014
sir actually all this happened when i was small according to my parents he made my parents and sister to sign on an empty paper before 20 years.when my sister went and asked in his office they said he had submitted some papers of divorce once she had appeared in the court but she has nt signed any document.
The office people are saying they cant help you have to fight in the court. sir please reply.

Sankaranarayanan (Expert) 06 June 2014
Find the details whether your sister got divorce or not. Better to approach local. Lawyer and show the document if any and then act accordingly

Rajendra K Goyal (Expert) 06 June 2014
Contents of document are unknown. You have to take the copies of the documents signed, submitted in the office and the court, consult a local lawyer, whether on the basis of documents the divorce was complete or not, or what are possible in the given circumstances.

Guest (Expert) 06 June 2014
First confirm your self whether your sister is holding a Legal marriage certificate and marriage evidences.Mere signatures on blank Papers can not be misused as Legal Divorce.Second marriage is not valid.First Serve a Legal Notice to Official authorities and File a Suit and obtain a Stay not to settle the amount to the so called second wife who is illegal.Consult a Local Lawyer.

Kumar Doab (Expert) 06 June 2014
Agreed with experts.

Contact a local lawyer with copies of all docs on record and obtain stay from court.......

Ellamma (Querist) 06 June 2014
Sir we have already approached a local lawyer.He has applied to the RTI.According to him we can get the details of service record but sir almost one month is over and there is no reply from office peoplo.Sir my query is as already i have metioned sisters husband is alcoholic and though he is suffering from cirrohsis if during all this process if he expires can anything be done.As that person was our maternal uncle my parents have not kept any marriage proof. all photos are burnt by him.

Guest (Expert) 06 June 2014
Nomination can be changed any time. Ask him to change nomination in favour of your sister.

Raj Kumar Makkad (Expert) 08 June 2014
It is your right to change your nomination as many times as you wish subject to the payment of prescribed fee every time.

Ellamma (Querist) 09 July 2014
Sir
My sisters husband died on 14 june he didn't change his nominee also.Sir now his second wife is claiming all the benefits.moreover he has submitted according to them the divorce was over in 2001. but my sister is saying divorce has happened without mutual consent

Raj Kumar Makkad (Expert) 09 July 2014
If a decree of divorce has been passed may be with or without consent, it is a valid document showing the end of the relationship of husband and wife and thereafter wife is not entitled to claim even a single penny out of the properties of the husband except the amount of the regular maintenance allowance till her re-marriage or death, whichever is earlier so accordingly, your sister has no right to claim PF amount of her previous husband even though she has been shown as nominee being wife.

Ellamma (Querist) 14 July 2014
Thank you Sir for your valuable suggestions. Sir we consulted our local lawyer he told after seeing the documents that the judgement was already taken.Sir I want to know before his death he has signed in a e-paper and given to my sister. can we do anything with that please answer me sir

Raj Kumar Makkad (Expert) 14 July 2014
Nothing can be done after passing of the decree of divorce otherwise it shall be a misrepresentation.

Pf

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