Ganesh 29 August 2020
Isaac Gabriel (Advocate) 29 August 2020
Pension and befits goes to legal heirs since divorce not yet granted.Without verifying the will, other rights/ properties could not be opined.
Dr J C Vashista (Advocate) 30 August 2020
Originally posted by : Ganesh | ||
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My mother died of cancer 3 month ago she did a registered will in a favour of her sons. She was in divorce case with her husband for 9 years. The case was still pending. She was government employee. Here are my some questions: 1. Can her husband (my father) claim pension, job, gpf, insurance?? ( She leaves Registered Will in favor of her sons). 2. Do Her husband has a right to challenge her will?? 3. My mother also nominated her son's in her service book?? 4. My father threat me that I can make fake will with fake sign of my mother. Is it possible?? 5. Do 9 years divorce case has powerful ground?? My father Molested me, my brother and my mother for whole life!! Please help I'm very scared!! Please help!! I'm only 19 year old!! |
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Divorce case was still pending but not granted during her lifetime, implies that your father is one of the successor of her intestate property.
You have stated that she (deceased) has executed a will and bequeathed her property in favour of her sons, it can be challenged if she (testator) was not in sound and deposing mind, which other LRs have to consult and decide to proceed or accept.
However, if she (employee) has nominated her son in her service record, the nominee shall have to distribute the service benefits provided by her employer among all LRs of deceased (your mother /employee).
G.L.N. Prasad (Retired employee.) 30 August 2020
As there is valid will on her self acquired property, nomination and will prevails (lates) on settlement of all assets. The persons named gets such rights and those who dispute has to file suit challenging the will and fight in court for decades to get such rights. If the will is genuine, there is nothing to be feared.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 30 August 2020
G.L.N. Prasad (Retired employee.) 30 August 2020
Finally, all this that your father may lay claim on your mother's property depriving their children' right may be an apprehension only, as real male never takes his wife's property depriving his children. Shed all doubts, and think when you wish to cross the bridge.
P. Venu (Advocate) 05 October 2020
With the death of the mother, the divorce proceedings have abated and it is no longer relevant. As the spouse of the deceased employee, the father is entitled for family pension. He also entitled for a share in the retirement benefits.
While disbursing those benefits, the Head of the Office, is required to act in accordance with the nominations, as in the service records.
The property bequeathed has already vested with the beneficiaries. Take further steps in accordance with law and procedure. Empty threats are better ignored.
The children can seek maintained from the father, if otherwise eligible.