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Mrs John   04 December 2015

Husband's claim

My husband expired after 1 1/2 year after our marriage. He did not change the nominee in the Insurance and nor in the company. So the Insurance amount is already taken by my in-laws. Please let me know if I can claim the office money and if yes how to go abut with this. Please help me!!!!!!!  



 4 Replies

prabhakar advocate (advocate)     04 December 2015

In your husband's movable (insurance amount as well as company entitlements like PF, gratuity and remaining salaries and if there is pension that also), car,  scooter etc. and immovable property like plots, house etc. as per law, you, your children and his mother have got equal rights.  Insurance company has done wrong.  Even your in-law's name is there as nominee, Insurance company is not entitled to release that amount depriving you and your chlldren of your legitimate share.  Same is the case in respect of office money.  NOW WAHT YOU HAVE TO DO IS:

1.  Write a letter to the office as well as insurance company to give you your share.  Send this letter in Regd. Post, giving them 15 days time.  I am quite sure they will not respond.

2.  Engage an advocate and file an application under Indian Succession Act to issue you and other legal heirs succession certificate.  In this case, if you have children, you and your children should be made applicants.  You have to make Insurance Company and the office in which your husband worked along with the inlaws (if father-in-law has taken insurance money, he himself and your mother-in-law (she is also heir) be made respondents.  You and your children will get your legitimate share out of his income including the insurance amount already drawn by your in-laws.

Regards.

b.goheel   04 December 2015

ld. sr. advocate prabhakarji,
like to knw is it mandatory to mention name of all heir of deceased person ?
if it is thn is it necessary to get signature of the parent of deceased in the process of acquiring sucession certificate.?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 December 2015

  1. For getting Legal Heir Certificate the applicant should furnish his/her particulars, details of the property etc., by giving an Affidavit.
  2. Consent Affidavit for No-objection.
  3. Two third party affidavits in Rs.10/- N.J. Stamp Paper.
  4. For Proof of Identity the applicant should furnish Ration Card/Voters ID Card/Pass Port/Service Proof  etc.
  5. Other original documents relating to the claim of the property.
  6. Petition praying what he/she is claiming.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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