Rights of husbend after wife death.
Querist :
Anonymous
(Querist) 22 July 2010
This query is : Resolved
My self Gurpreet Singh, resident of 30/4, block-3, Govind Nagar, Kanpur. My wife took an insurance policy from Bajaj Allianz Life insurance co.Ltd. And Birla sunlife insurance co (Total amount 36Lac)1 Personel accident policy with Bajaj allianz general insurance co. 10 lac, and in these policies she made me as a nominee. And some Mutual Funds around 2 lac , where i am the nominee
She was working with an Insurance co.she was with the same company from the last 5 years. We have one girl child around 18 months old name Shargun. And I am into my family business i.e Photography.
We meet with an accident(Jammu) on 16th apr.2010, while going to Patnitop. My wife died on the spot, while I and my daughter and driver were injured.
Now my In-laws are approaching to all these insurance co, and MF houses asking for the claim of above mention amount, based on 1 notrised will made on 3-4-2010.
i m sure that will is fake and only made after my wife's daeth.They have also collected 11.5 lac from the insurance co, my wife working with as a claim of group insurance policy, in which my mother-in-law was nominee.
what should i do ? what are the legal rights of my self and my daughter(as she is with me only)? and what should be the stand of the insurance co. and MF houses in this matter?, pls. let me know.
Regards,
Gurpreet Singh
Devajyoti Barman
(Expert) 22 July 2010
If your wife has died intestate( without Will) then all her properties in going to be equally divided between her mother and husband. However if she has appointed her mother to be the nominee then the money in the name of your wife can be rightfully disbursed in favour of the nominee but therafter the nominee is duty bound to diide the pay the money in favour of the rightful claimant( here you).
The alleged Will in favour of your mother in law can not be put in force unless she obtains probate from the district delegate in which case you will be given an opportunity to challenge the Will.
In the meantime if she has refused to give your due share then you could file a suit for recovery of money or criminal case for misappropriation of property.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
U & your daughter are the beneficiaries unless of course the alleged Will is Probated. Claim all monies. Even the Insurance Co. is liable if it has paid any sum to anyone else but the nominee.
