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Vijayalakshmi (House wife)     07 October 2014

Death benefits

Sir, 

My husband who was Tamil Nadu municipal service died in RTA .

while he has entered my name and my daughters name in the nomination form prescribed in the service register , while he was assistant engineer and this is not signed by head of institution 

the local thasildhar   has listed both of my in laws as legal heirs along my name and my daughters name( mother in law and father in law) 

my father in law  and mother in law wants to 50% in all his death benefits( GPF,FBF,DCRG , state group insurance etc )

but as per Tamil Nadu financial code the definition for family includes father and mother in case of unmarked servants

ours is Hindu family and  my husband is only son to my in laws .  My father in law is 82 years old ex service person and my mother in law is pensioner from  Tamil Nadu state .His two sisters  are well settled . The house built by husband ( based on housing loan raised by me and husband) are currently occupied by my in laws the rent form the tentants are also enjoyed by them.I am pushed from pillar to post  and is there any way to remove my father in law from legal heir and how to procure my husbands death benefits and his property.please guide us



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 6 Replies

Kumar Doab (FIN)     07 October 2014

>>>As per Hindu Succession Laws; ClassI Legal heirs are;

Mother, Spouse, sons, daughters…………………

Father is not ClassI legal heir. Father is ClassII legal heir. ClassII legal heir shall come into picture if ClassI legal heirs are not present.

 

If HOD has not signed the nomination form then it is his deficiency and you are not at fault. Obtain copy of nomination form even if thru RTI route.

Based on Nomination form submitted by your deceased husband, you may stake the claim for service benefits.

 

>>>The nominee is a mere trustee. Nomination does not supersede succession.

You and your daughter(s) being ClassI legal hier can stake claim on estate/share of deceased.

 

>>> Since your husband/you have invested monies from home loan, you may stale claim to enjoy the property.

 

 

Approach an able lawyer dealing in such/civil/service matters at your location and proceed under expert guidance of your lawyer.

Vijayalakshmi (House wife)     07 October 2014

Thank you sir for timely suggestions and kindly clarify whether is it possible to remove my father in laws name from legal heir certificate issued by local thasildhar

 

Kumar Doab (FIN)     08 October 2014

Usually Tehsildar shall follow the set format issued as per Govt. rules to issue any certificate.

The FIL/Father is ClassII relation and shall come into picture only if ClassI relations are not present.

Hence you should be able to represent.

Online discussions have its own limitations.

Therefore the local lawyer dealing in such/revenue/civil matters can guide you better and you should proceed further under the expert guidance of your lawyer.

Sudhir Kumar, Advocate (Advocate)     08 October 2014

Service benefits are not at all governed by succession law.  So anyone being class.I class.II heir is not relevant.

 

These amounts are disbursed on the basis of nomination which as you told is in your favour.  You are not clear that separate nomination is needed for PF/ DCRG/ Pension/ Gp-Insirance.

 

contact local lawyer immediately.

Sudhir Kumar, Advocate (Advocate)     08 October 2014

repeated

 

https://www.lawyersclubindia.com/forum/Death-benefits-110436.asp#.VDT4L1eO5G0

Sudhir Kumar, Advocate (Advocate)     09 October 2014

contact local lawyer immediately. Need for succession certificate arises only if employee dies without valid nomination.  As per facts stated by you it appears that you have a valid nomination and the senior officers have no powers to change nomination.  He is liable for disciplinary action if he has done so.


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