Regarding widow rights

priyanka (Querist) 25 November 2017 This query is : Resolved
Respected sir/madam,
My name is priyanka sharma, i am a widow women, my inlaws house is in gurgaon. I have been married in january 2016, and my husband got expired in july 2017. After my husband's death my inlaws throw me out of my husband's house, when i asked them about my husband funds, claims of company, they refused to gave me.
Sir, my father in law was in government job but had expired few years back, without leaving a will of his property/ house, now his government pension is taking by my mother inlaw, my mother inlaw was also a government employer, she is also taking her own government pension, It means now she is taking 2 government pensions, and living happily in her husband's house.
Sir, my husband worked in a reputed company of gurgaon, company told me that your husband did not change his nomination for claims and funds, (mother to wife) , thats why this problem occurs, company told me that claims and funds belongs to wife only but , if your mother inlaw is also expecting for money, than it should be 20% belongs to mother and 80% belongs to wife according to law.
When i told about this rule to my mother inlaw than she refused and said if you also want than i will give you only 50% otherwise not.
Sir, someone told me the judgement of supereme court, that the nomination made before marriage is invalid, after marriage nominee will automatically belongs to wife only, mother inlaw is only a care taker, when legal hier found then mother inlaw has to give all rights to legal hier, and for mother inlaw gratuity will be 50% .
Sir, plz help me what is right and what is wrong, what are the rights of a widow in her husbands company , funds, death claims , and what are the rights of a widow in her father inlaws property /house. Sir, i am in a extreme pain after my husband death, please guide me , please help me in this situation, as soon as possible, waiting for your reply .

My email id:- priyanka_sharma1988@yahoo.com

Thankyou
Priyanka sharma

Date :- 25 - November - 2017

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Guest (Expert) 25 November 2017
Immediately meet the " Women's Legal Aid Forums " or Free Legal Aid Forums available in your near by Courts. with all details. They would take care

Vijay Raj Mahajan (Expert) 25 November 2017
I can't say about what the reputed company told you about your deceased husband's funds and other claims, rule relating to the nomination and distribution of funds etc. What I can tell is what the Hindu Succession Act, 1956 provides in such cases. Section 8 of the Act provides: General rule of succession in the case of males - The property of a male Hindu dying intestate shall devolve according to the provisions of this chapter_
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

In your deceased husband's case, class I heirs are: widow, namely you and mother, namely your mother in law.
Now how the property of the deceased Hindu male to be distributed amongst his heirs, namely you both.

Section 10 of the Act provides: Distribution of property among heirs in class I of the Schedule - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following ruled:-

Rule 1. - The intestate's widow shall take one share.

Rule 2. - The mother of the intestate shall take one share.

Here intestate means the person who dies without making any Will or such testamentary document. Nomination is neither a Will nor any testamentary document. Nomination is a right given to a relative to collect the claims and funds etc. of the deceased person to be distributed to the legal heirs of the deceased.
Rightly so the nomination in the name of your mother in law is to collect all the claims and funds of your deceased husband from the Company and distribute it among the legal heirs and in this case you and she are the legal heir, each getting one share each.
So if your mother in law is ready to part with 50% of the claims and funds and all his properties and give it to you better take it and move ahead in your life.
Nothing else any other Gurgaon lawyer will tell and do other than what I told you here as I'm too a lawyer practising in Gurgaon District Court.

vijaymahajan5758@gmail.com

Sudhir Kumar, Advocate (Expert) 26 November 2017
Respected sir/madam, My name is priyanka sharma, i am a widow women, my inlaws house is in gurgaon. I have been married in january 2016, and my husband got expired in july 2017. After my husband's death my inlaws throw me out of my husband's house,

THEY CANNOT DO THIS. YOU SHOULD HAVE CALLED POLICE THEN AND THERE.

YOU CAN STILL FILE DV CASE.

Sudhir Kumar, Advocate (Expert) 26 November 2017
when i asked them about my husband funds, claims of company, they refused to gave me.

BECAUSE YOU TOOK NO ACTION. THEY WERE NEVER CALLED IN POLICE STATION.

Sudhir Kumar, Advocate (Expert) 26 November 2017
Sir, my father in law was in government job but had expired few years back, without leaving a will of his property/ house,

SO THE PROPERTY WILL BE DIVIDED IN LEGAL HEIRS WHICH INCLUDES YOU AS WELL.

Sudhir Kumar, Advocate (Expert) 26 November 2017
now his government pension is taking by my mother inlaw,

SHE ALONE WILL TAKE

Sudhir Kumar, Advocate (Expert) 26 November 2017
my mother inlaw was also a government employer, she is also taking her own government pension, It means now she is taking 2 government pensions, and living happily in her husband's house.

NOTHING ILLEGAL OR IMMORAL SHE IS DOING IN THIS.

Sudhir Kumar, Advocate (Expert) 26 November 2017
Sir, my husband worked in a reputed company of gurgaon, company told me that your husband did not change his nomination for claims and funds, (mother to wife) ,

AS FAR AS PF AND PENSION IS CONCERNED THE COMPANY IS NOBODY TO DECIDE ELIGIBILITY. YOUR POST INDICATES THAT YOU HAVE NOT AT ALL GIVEN COMPLAINT TO EPFO.

Sudhir Kumar, Advocate (Expert) 26 November 2017
thats why this problem occurs, company told me that claims and funds belongs to wife only but , if your mother inlaw is also expecting for money, than it should be 20% belongs to mother and 80% belongs to wife according to law. When i told about this rule to my mother inlaw than she refused and said if you also want than i will give you only 50% otherwise not. Sir, someone told me the judgement of supereme court, that the nomination made before marriage is invalid, after marriage nominee will automatically belongs to wife only, mother inlaw is only a care taker, when legal hier found then mother inlaw has to give all rights to legal hier, and for mother inlaw gratuity will be 50% . Sir, plz help me what is right and what is wrong, what are the rights of a widow in her husbands company , funds, death claims ,

REFER TO SECTION 2(F) OF PAYMENT OF GRATUITY ACT.

THE DEFINITION OF FAMILY IS AS UNDER

h) “family”, in relation to an employee, shall be deemed to consist of –

(i) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents and the dependent parents of his wife and the widow and children of his predeceased son, if any,

(ii) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any :

Explanation : Where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee;

YOUR MIL BEING PENSION WAS NOT DEPENDENT ON YOUR HUSBAND SHE HAS NO CLAIM OF ANY PENNY IN GRATUITY.

COMPANY IS TAKING ILLEGAL STAND.

Sudhir Kumar, Advocate (Expert) 26 November 2017
and what are the rights of a widow in her father inlaws property /house. Sir, i am in a extreme pain after my husband death, please guide me

YOU HAVE A RIGHT TO GET THE HOUSE PARTITIONED AND A RIGHT OF FORCE ENTRY.

Sudhir Kumar, Advocate (Expert) 26 November 2017
, please help me in this situation, as soon as possible, waiting for your reply . My email id:- priyanka_sharma1988@yahoo.com Thankyou Priyanka sharma Date :- 25 - November - 2017

अगर कुछ करना है तो सलाह आपको दे दी गयी है

अगर कुछ नहीं करना तो ढोल बजाने से भी आप कुछ नहीं करेंगी

Ms.Usha Kapoor (Expert) 26 November 2017
If widowed daughter in law cant claim in FIL pension or his wife/widowed daughter in law if she is only a house wife cannot claim any pension or rights to stay in FIL residence unless it is ancestral but not self acquired.To the extent of her husbands estate only she is entitled to claim rights over her residence of in laws house and get other other properties.If he she is still in widowed state she should try finding a plum job even by increasing her qualifications..

Ms.Usha Kapoor (Expert) 26 November 2017
If you appreciate my answer please give me likes.

P. Venu (Expert) 27 November 2017
From the facts stated, you have no rights over the pension and family pension received by your mother in law, However, you are the beneficiary of the service benefits of your late husband, as the MIL was not dependent on him. It could be that the MIL received those benefits as the nominee; however, she is required to make them over to you.
You have a share in the property of late FIL. If need be you an seek partition for the same. you do not have any share or right in the property of the MIL during her lifetime.
If unemployed, you may also explore the possibility of getting employment in your husband's company on compassionate ground.

Sudhir Kumar, Advocate (Expert) 29 November 2017
new thread

http://www.lawyersclubindia.com/experts/Nomination-before-marriage-663681.asp

Guest (Expert) 30 November 2017
Vague description of the problem, as pointed out on her same question thread in the forum section at the following link:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=156618&offset=1