Family Rights?
Madhav Madhur
(Querist) 01 May 2010
This query is : Resolved
Last month my younger brother died in an accident. Some facts are here about him:
1. he was 29 years old, borned in 24feb'1981.
2. he was married last year in 15feb'2009
3. was currently working in an MNC, Gurgaon.
4. was away from his family since last 13 years for his study, career and job.
5. his wife is also working in an MNC, Noida before her marriage.
6. he has no kid.
7. his wife is not staying with us, after his death.
8. he left his parents, elder brother(married) and elder sister(married) behind him.
9. his father(65 yrs old) has no business since last 12 years after some family disputes, has only some rental income. And mother(58 yrs old) is house wife.
10. his elder brother(myself) is married, 31 yrs old, having a kid and working in a medium IT firm Noida.
11. he purchased a car and a laptop before his marriage.
12. has taken insurance policy of TATA-AIG, mother is nominee.
I have mentioned all things regarding him, so that may get better suggestions by you all.
now after his death, his parents-in-law is claiming for everything regarding him, like his car, all claim amount and gold.
Just want to know, what's the legal rights of his family and his wife in our case?
Regards
-Ankur
Gulshan Tanwar
(Expert) 01 May 2010
Your family has first legal right;
Parveen Kr. Aggarwal
(Expert) 01 May 2010
His mother and wife are Class I heirs and will succeed in the properties left by him in equal shares.
G. ARAVINTHAN
(Expert) 02 May 2010
According to Indian succession Act, Wife, Children and Mother come under category Class I heirs.
In your case, your deceased brother have no kids, hence your mother and your brother's wife have equal right in the property of your brother.
Madhav Madhur
(Querist) 02 May 2010
What's about father? he will not come under class I heirs?
Madhav Madhur
(Querist) 02 May 2010
If his wife is nominee than mother will be also legal heir or not? And who will pay his liabilities?
Krishnamurthy Ramdas Iyer
(Expert) 02 May 2010
U/s 33 of Indian Succession Act>>Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.- Where the intestate has left a widow--
(a) if he has also left any lineal descendants, one- third of his property shall belong to his widow, and the remaining two- thirds shall go to his lineal descendants, according to the rules hereinafter contained;
(b) 1[ save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one- half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained;
(c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. U/s42 Where intestate' s father living.- If the intestate' s father is living, he shall succeed to the property
HIS WIFE GETS ONE HALF AND YOUR FATHER SUCCEEDS THE BALANCE HALF.
AS REGARDS INSURANCE NOMINATION IT CAN BE CONTESTED BY HIS WIFE
##################### CASE LAW
Renu Bala & Another vs Dharam Pal & Others on 4 March, 2010
Mere nomination to receive insurance policy or for that matter being a nominee of a provident fund would not confer any rights on the person so nominated to receive the benefits or to become entitle to receive such amounts. In this regard, reference can be made to Smt.Sarbati Devi and another Vs. Smt.Usha Devi, AIR 1984 Supreme Court
346. The Hon'ble Supreme Court in this case has reversed the decision of the Allahabad High Court while interpreting Section 39 of the Insurance Act to say that nominee of a life insurance policy does not get absolute right to the amount due. The decision of the Delhi High Court reported as Fauja Singh v. Kuldip Singh, AIR 1978 Delhi 276 and Mrs.Uma Sehgal V. Dwarka Dass Sehgal, AIR 1982 Delhi 36 in this regard were also overruled. It is held that:- "A mere nomination made under Section 39 does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life Regular Second Appeal No.2944 of 2007 (O&M) : 11 : insurance policy on the death of the assured. The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them."
Madhav Madhur
(Querist) 03 May 2010
I have one more query regarding same case, is his wife legally free to go for second marriage after getting her part of his property?
