New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Varun Kumar   24 November 2020

Wife Right on husband statutory fund

Hello Sir,

My sister and her husband were living separately because of her husband was oppressed and phyaically assault her everyday and also was beating her and one day he thrown her and her childrens out of the home....so my sister has been living with us in Nashik at our home. So my sister filled a case against her husband for getting alimony on monthly basis and finally she got it. But 3 month ago her husband dead due to corona at his hometown , Dhule, Maharashtra.

Now my query is her husband was working in MSEB (electricity board) and now when my sister claimed Society money in MSEB (MSEB co-operative bank) then those peoples said to my sister that she and her husband were living separately and already court case was going on, so as per them if husband sisters take a objection against that society money then that amount can not be hand over to my sister because my sister and her husband was living separately.

So can you please guide me how can my sister claim the MSEB society money.

Please Guide 🙌.

Thanks and regards,
Varun


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 November 2020

If the sisters of your sister's husband, then your sister shall file a case in Lok-Adalat against them.

1 Like

G.L.N. Prasad (Retired employee.)     25 November 2020

Normally every account nomination is mandatory.  Till the court gives a final verdict, the wife status continues.  Contact colleagues and friends in MSEB society for smooth succession arrangements, and at the same time contact a local advocate before the amount is paid to some one else, so that he can issue a notice.

1 Like

Varun Kumar   25 November 2020

we already contacted to colleagues in MSEB Society but as per them since husband and wife was living separately and court case was going on hence they can not handover the society amount to my sister.

G.L.N. Prasad (Retired employee.)     25 November 2020

Seek the opinion of the advocate handling your sister's case, explain the problem and nonreceipt of maintenance and explore making a petition to the court and getting such orders if possible by filing such a petition in on going case.

2 Like

Dr J C Vashista (Advocate)     26 November 2020

She has already engaged / paid an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case(s) it would be better to seek his/ her optinion / advise.

If you or she is not satisfied with her (lawyer's) performance change him/ her immediately. 

1 Like

P. Venu (Advocate)     28 November 2020

In the absence of a decree of divorce, your sister continues to be the legal heir to her late husband.

Why bothered only about "Society" money? She (and the children, if any) are entitled to receive all  the terminal benefits, as due, from MSEB.

So also, she is the legal heir to all his movable and immovable properties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register