In-laws troubling widow

@ Author,

 

Very sad to hear you and your case.......

 

1.If no nominee is their then according to succession act his alive wife can claim for such funds or money if she in not re-married.You have to produce death certificate along with succession certificate (Consult your lawyer).

 

2. According to Central Governments employee benefits and consideration you are very much eligible to get Job in his department at Lower grade by Compensatory basis.(Consult a labour lawyer).

 

3. In his self owned property  Movbl or Immovbl you are eligible to get share if there was no no will or testation against you.

 

4. My sincere Advise to you get consulted with good property & Labour Lawyer soon .

 

5. Act Boldly and accordingly to Law before your In-laws may harm you by acquiring all the assets & properties of your demise husband.

 

regards.

 

You and your mother in law can claim the property in equal share.You can get  job in his Department/company on compensonate ground.

1) but my father-in law n brother in law are trying to create problem for me ,they are trying to prove that my husband was never married they made "family tree" without my name in it and on basis of that they claimed for property and other compensations. and if now i will go for successor it will take at least 6 months but i am worried by the mean time  they will take every thing.

2)no there is no will made by him and few places my mother in law nomination was their but she is no more alive. 

What kind of marriage you had?Court marriage or social marriage?These two marriages are easy to prove.First meet alocal lawyer.Don't waste time here.You can find a good seasoned lawyer from this site too.

first thing you have to stake your claim on dues so that these are not disbursed to anyone.

I will partially disagree with above advise. I will express as under :- (I) It is you who has to just prove that you were married to him. (II) you need not prove so by court order you have to prove so just to the satisfaction of the competent authority. (III) if you are able to prove that you were married then no succession certificate will at all be required. (IV) if you have submitted no claim to the deptt/PSU then your il-laws can have walkover. (V) Once you make objection to their claim then no Govt officer will pass claim in their favour even if there is no restrain order from court. (VI) A male employee has no option to exclude his spouce from 1st nomination and if your husband has nominated anyone without you then the nomination is invalid. (VII) All benefits of central govt service (i) pension (ii) GPF (iii)DCRG (iv) Gp- Insurance (v) last salary (vi) leave encashment etc are governed by separate rules. (VIII) if you prove that you are wife of the late employee then you will not be sharing the dues with anyone else. Your MIL has no claim. Claim of compassionate job is subjective. But you have to lodge request immediately other wise your right of being consideration will lapse.

1) our was the arrange marriage but it was not registered.

2) i have already made claim but from the concern authority told me that in any documents my name is not mentioned as he forgot to revise it  after marriage,so i need to come with competent document issued by court.

Madam, you must be extra quick to settle your problems.  Any laxity from your side would harm your interest.  First, you personally visit your husband's department and fill up the compassionate appointment application and file all the supporting documents- your marriage card, your educational qualifications etc.  The purpose of providing compassionate appointment to the dependent of the deceased is to provide her succour and tide over the financial difficulties which she may face immediately after his untimely death.  If you delay this filing process, you will lose the right to get the compassionate appointment.  Next, about his money lying in the department - salary, pf account and pension account and gratuity amount, etc.  You have to file a separate application along with the documents of marriage - marriage card will do.  In that application, you have to clearly mention that the department shall not release the amounts to anyone excluding you and if they do so, they would be held accountable.  you need not to bother that your marriage has not been registered.  In India, till date to prove the factum of marriage, production of marriage certificate is not mandatory.  I suppose and you said above that the department refused to release these amounts on the ground that your name has not been entered in their records.  If they refuse, then you have to file a suit seeking succession certificate from the competent court.  In this case you have to make your in-laws and the department as opposite parties.  His mother and you both will get equal shares.   Next, in respect of flat write a letter to the owner/builder of the flat asking him to register the flat in your name.  I suppose the entire amount has been paid.  If he refuses (at the behest of your in-laws), then you have to approach the civil court for declaration that you are the owner of the flat and also seeking the direction to register in your name.  Here also, in this flat, your mother-in-law and you will have equal shares.  In this case also you have to make your mother-in-law as well as the builder/owner of the flat as opposite party (defendants).  If you get compassionate appointment and if you have not left the govt. quarter, you are entitled to stay there.

I am truly saddened by your case. I request all advocates in this forum to refrain from giving advice to this lady unless they are absolutely sure about their advice. If advocates decide to give advice, please back it with proper legal citations and any Acts, etc. so others can comment. THe reason I say so is because clearly this lady is going to rely on it. 

---

Any wrong guidance will be thoroughly detrimental to her. Her questions involve a series of complex issues which on the surface look simple. Most of you advocates in this forum have been throwing advice which 50% of the time is wrong or given in the face of insufficient information and therefore is wrong prima facie. That said, this is one situation where all you advocates can rise to the occasion and do some pro bono work here as if she is your real client. I mean do some real research, spend some time understanding the case, write petitions and applications for her, whatever is necessary to make her get back on her feet. An advocate from this forum and from her city should actually meet her to confirm the facts before time is spent.

---

 

In response to Mr. Samir's suggestion, I stand by my advice given to the madam.  I also accept his other suggestion that if madam's case falls within the jurisdiction of Delhi, I would be pleased to represent her case totally free of cost, which includes preparation of applications to the department, filing petitions to the courts, if need arises compassionate appointment case either before the CAT or the hon'ble High Court depending upon the department where he worked and also obtain succession certificate to her.  Once I say free of cost, it also includes conference, drafting, typing, photo-copying, preparation of file, appearances in the courts, evidence, and final arguments would be borne by my office.  But after obtaining succession certificate, she has to borne the court fee  and pay it to the court.  Let the madam decide to whom she has to trust or what is good for her.

VERY NICE OF YOU ADVOCATE CHANDRASEKHAR.  I WILL HAVE TO START CHANGING MY PERCEPTION ON ADVOCATES.  

I disagree with the deptt that she needs a document authenticated by court. All she needs is a proof of marriage. Thereby all earlier nominated become non-subsisting.

With due respect, I differ with Mr. Sudhir Kumar's opinion.  In law, the status of a nominee with a legal heir(s) is clearly distinguishable.  In most of the cases generally nominee will also be one of the legal heirs.  The nominee is not entitled to all the amounts if other legal heirs are there.  If a person wants to give all his cash lying in his PF, Gratuity etc. to a particular person,  he shall draw a will and mere mention of his name as nominee shall not serve the purpose.  In the given case, the queriest is a legally wedded wife, but that does not entitle her to have all the monies lying in his account, if his mother is surviving, as per HSA mother of the deceased is also a legal heir. In the absence of any will by the testator giving all his money to his wife(that is the case here), she cannot claim the entire amount from the department.  As the department is not competent to adjudicate the dispute regarding legal heirs, the succession certificate issued by the competent court is very much necessary  for her to get the claim.  In the enquiry, the enquirist said that there were attempts from the in-laws' side to deprive her of her legitimate share and the department was refusing to recognize her status as wife, to protect her interest, she should write a communication to the department staking her claim and if department refuses (it will certainly refuse as other legal heir is surviving), she shall also file a civil suit for obtaining succession certificate, in which invariably the department and other legal heir, i.e, mother-in-law will be parties.