Rights of class i heir in succession
Hari Krishna
(Querist) 27 October 2014
This query is : Resolved
Dear sir,
one of my uncle died (natural death) during his service in singareni colories. He is having spouse, two children (minors), widowed mother, and two brothers who are also married and living separately.In the service register the nominee is his spouse only. The issue is whether his mother being a class 1 legal heir will be entitled to any benefits of his deceased son (PF, Gratuity, Insurance Amount). If she is entitled to get,
1.Then how much share should be given to her.
2.Does she have any right to stop the benefits by sending a complaint letter to the Singareni colories higher officials reg the benefits.
Kindly suggest me regarding the following issue.
Anirudh
(Expert) 27 October 2014
Here the Class-I heirs eligible to get the share are only his mother, widow and two daughters.
Therefore the mother will get 1/4th share.
Yes, if the mother is not assured that she will be given 1/4th share, she can make a complaint to the higher authorities and stop disbursement of the amount till the matter is settled.
Therefore, it is in the best interests of the widow and her two minor daughters to write to the department to give 1/4th share to the mother of the deceased.
The brothers of the deceased have no share whatsoever.
ajay sethi
(Expert) 27 October 2014
agree with MR Anirudh
Anirudh
(Expert) 27 October 2014
The querist has indicated that "In the service register the nominee is his spouse only."
Hari Krishna
(Querist) 28 October 2014
Thank you Mr.anirudh and all for the reply.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
nominee will get terminal dues and her being any class of heir is irrelevant.
Anirudh
(Expert) 28 October 2014
Dear Mr. Sudhir,
That's true - but the nominee will hold the money as a trustee for the eligible legal heirs. The nominee, unless eligible as a legal heir cannot keep the money to oneself.
