Regarding legal heir certificate/family member certificate
Siva Prasad
(Querist) 01 October 2015
This query is : Resolved
Hi All,
My Younger Sister's Husband died in a Road Accident, he was goverment employee. My sister's in-laws live seperately and they are money minded. When they seperated they took all money and house hold things in house and left nothing.As per new rule, to get Legal Heir Certificate/Family member Certificate all the family members names including his parents should be involved in the certificate. Now they are blackmailing my sister that they should get good share of money from LIC's and other benifits otherwise they will not sign the documents. My sister is mother of 2 kids who are havn't completed 15 years.
one is studing 10 th and other is studing 7th class.
Please advice me what to do, there is no other source of income for them. Her father-in-law is drawing pension.
Thank you
Siva.k
kavksatyanarayana
(Expert) 01 October 2015
@author, in which government your sister's husband worked? your sister shall put an application before Tahsildar where your sister is staying for legal heir certificate or family member certificate stating that she is not an earning member. The Tahsildar after enquiry gives the certificate.
Sudhir Kumar, Advocate
(Expert) 02 October 2015
Nothing new.
In Indian society the in-law have a duty to leave no stone unturned to harass a widow of their son.
so let them contest the case.
Be ready.
They will even attempt compassionate job for brother/sister of the deceased (which is not possible)
P. Venu
(Expert) 02 October 2015
"As per new rule, to get Legal Heir Certificate/Family member Certificate all the family members names including his parents should be involved in the certificate" Which rule? Who told you so? What benefits you are referring to?
Your sister and her is legally entitled to recive all the benefits. You take immediate steps to file requisite application to the office he was employed and also to file claim in the MACT. Who is the nominee in the LIC plolicy?
Sudhir Kumar, Advocate
(Expert) 02 October 2015
for receiving terminal benefits no succession certificate is required.
Rajendra K Goyal
(Expert) 02 October 2015
Your sister should all claims relating to terminal dues and foe compensatory appointment in the department.
She should fight for her legal rights.
Legal heir certificate can be got from local tehsildar office.
K.S.Srinivas
(Expert) 02 October 2015
Mr.Siva Prasad,
1) Your sister and her two kids are alone eligible and entitled to receive the terminal benefits of your deceased brother-in-law from the employer (government. No one can claim these benefits.
2) In case the deceased employee has not filed nomination nominating your sister and the two kids, obtain a legal heir certificate from the revenue officials (Tehsildar etc.) and submit it to the government enabling to draw the terminal benefits of the deceased husband.
3) In case the deceased brother-in-law has nominated in EPF/GPF account, your sister or sister and the two kids, and not his parents, then parents are also not eligible to any share. If the deceased nominated his parents also in the EPF/GPF account their parents also, then the parents are eligible only to their respective share. Parents are not eligible for other terminal benefits such as family pension, gratuity, leave encashment. Your sister alone is eligible to receive these benefits.
4) Your sister is eligible for compassionate employment also.
5) If your deceased brother-in-law already submitted his family members details for the purpose of making entry in the service book and an entry has already been made to that effect, then your sister, as a wife of the deceased employee, alone is eligible and entitled to receive the terminal benefits of the deceased. If no entries are made in the S.B., then obtain a legal heir certificate / family members certificate from the revenue officials and submit the same to the government enabling your sister to draw the terminal benefits and to get compassionate employment.
6) Regarding LIC, if the parents nominees are eligible to receive the benefits.
Guest
(Expert) 02 October 2015
If The Parents of the Deceased Person are alive they also would be and shall be Legal Heirs.
