Division of Assets
Querist :
Anonymous
(Querist) 09 September 2010
This query is : Resolved
My husband expired last year. He was a widower and this is our second marriage. Both of us have one son each. He has not nominated me but his son in the office records (for PF, gratuity superannuation and other dues)and now the son and the employer wants to claim 100%.Initailly the legal dept of the employer asked us to get a mutual agreement(on a 50:50 basis. Now the agreement has been signed and both the parties i.e. the son and myself have agreed that all the assets(movable & immovable) would be divided on the basis of the agreement. The agreement has been notarised. Once again after sending the agrmnt to the employer they have called the son and offered him a job and also told him that they will not disburse the dues and even if they disburse it would be as per the nomination. The flat where we are staying is on Loan and the bank is also behind us to settle the loan as the EMIs have not been paid so far. How do we take up with the employer. Why are they bent upon harassing us? We have not got any monies from anywhere still. Please help me out!
Querist :
Anonymous
(Querist) 09 September 2010
Please give your expert opinion!
s.subramanian
(Expert) 09 September 2010
First of all you ask the employer to honour the nomination. The nominee cannot appropriate the whole money for himself. He has to share it with you since you are also a legal heir. That is the well settled legal position. If the nominee does not share it with you then you can approach the court for remedy. Now that there is an agreement between you the job is easier as you can seek to specifically enforce the same.
S.N.Derashri
(Expert) 09 September 2010
You can claim the amount of your share by submitting a petion u/s 372 indian succession Act. Join the Son of Your husband as opposite party.
Querist :
Anonymous
(Querist) 13 September 2010
Thank you so much!
Querist :
Anonymous
(Querist) 14 September 2010
Querist :
Anonymous
(Querist) 16 September 2010
Sir, Thank you so much for your advise.
Just wanted to check with you if we can add the dues from the employer in our Succession and obtain a stay against the employer; would it be fine?
If they(the employer)go as per nomination then once again it would be a legal battle for me with the boy(nominee), once he refuses to share 50% with me? Would it be better to approach the employer with the succession certificate to get the 50:50 share from them rather than getting into legal tussle with the boy after he refuses to share the 50% with me?
After the agreement has been signed, the boy is still not willing to share the expenses and proceed towards the succession. In that case, would it be possible for me to individually go for succession adding his name OR is his signature also required for succession?
Please advise!
