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Ajay (Trainee)     20 January 2014

Share of widowed mother

I would really like some help in my mothers case.

My mother (widowed) aged 61 years was fully dependent on my elder brother who passed away while in employment due to cancer. My brother has a wife(dependent) and two daughters.

Now due to family disputes my sister-in-law has decided to separate with us. I would like to know what share can my mother get from my brother's assets. Please check the following information:-

My brother was posted in Zurich, Switzerland through his company. After his death his wife received spouse pension and children pension from an institution in that country (AXA insurance). The pension was received beacuse there was an insurance for the pension fund by which pension would be received in case my brother dies. Apart from that my brother also had some savings.

What can my mother claim legally from my brother's assets. NOTE:- There was no Will prepared by my brother.

Please answer my question giving reference to case law under which my mother can benefit. Alternatively, also connect with me on "ajay260888@gmail.com"



 3 Replies

adv.raghavan (Advocate,9444674980)     20 January 2014

Your mothers falls in CLASS 1 legal heir, so she is eligible for a share in your brother property, and she is dependent also.

Ajay (Trainee)     21 January 2014

Thank you for your kind reply.

But my question is, apart from property is she also eligible for share of money which his wife has received due to insurance and all other past savings ????

adv.raghavan (Advocate,9444674980)     21 January 2014

IF the deceased had declared a nominee, the amount goes to them, failing which, all will be share equally.


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