Woman with illegal relationship is claiming all benefits

srinivas (Querist) 25 April 2012 This query is : Resolved
Sir/Madam,
My wife's father expired in 2009. He already gave divorce to my aunt and maintained illegal relationship with a married woman who is already having 2 children with her legally wedded husband. Till now she is not divorced with her first husband. After my uncle's death, she obtained Family Member Certificate by hiding all facts and recieved all LIC amounts and terminal benefits from BHEL. Later we submitted all evidences and proofs to the Collector and MRO and got that FMC cancelled. It is clear that she is not having any valid proof to prove her legal relationship with my uncle. She got her name included in the nomination form with BHEL and now claiming pension and also trying for job in BHEL.All the documents submitted with BHEL were contradict to one another.

Now my question is whether i can recover all the benefits from that illegal person and can i stop her pension and retain all my father's properties.Can i make her to face criminal prosecution .

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Devajyoti Barman (Expert) 25 April 2012
Yes you can but before that you have get the d=second marriage declared null and void through the court of law.

Seeing the attitude of the courts nowadays the benefits may be distributed between two wives.

ajay sethi (Expert) 25 April 2012
contact a local lawyer . since she was not legally married to your father she is not entitled to your father properties .
inform BHEl of the fraud and her pension will be stopped . as far as LIC benefits are concerned she must have been a nominee .

nominee is only a trustee legal heirs can cliam the policy accurals from her through court

prabhakar singh (Expert) 25 April 2012
Yes is my answer to all of your questions.

SAINATH DEVALLA (Expert) 25 April 2012
Dear Srinivas,

Can you establish that she is not divorced from her original husband?You have made a mistake of not contacting the LIC and BHEL,for the family benefits.She is not a legally wedded wife.Even if she was a nominee in LIC,if you had produced the legal heir certificate,the matter would have different.Even now act swiftly and see that she does not fly away with any other benefits.