LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

akkutty nanu   22 August 2024

Legal heirship eligibility after remarriage

After demise of the former husband if the wife remarry with in seven months (initially submitted Indemnity bond to the company for pf and other benefits, insurance claim,edli by parents of the deceased and the wife collectively) in this scenario remarried wife has any eligibility to claim any benefits.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

The wife has made the claim immediately when the succession opened i.e., after the death of her husband.

The remarriage is her right which took place after she made her claim on the basis of the succession law, hence she is very much entitled to claim her rightful share out of her husband's terminal benefit.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 August 2024

Wife and children are legal heirs of a person. Hence can claim as one of the legal heirs. If the wife had been named as the nominee for life insurance, she is beneficial nominee for the insurance amount, to the exclusion of others under the amended insurance act.

 

akkutty nanu   23 August 2024

See my daughter inlaw remarried after demise of my son is she is eligible for benefits from the company no chidren and no nomination in any documents submitted to the company also no will,legal certificate no succession certificate.whether she is eligible for any benefits after remarriage.

T. Kalaiselvan, Advocate (Advocate)     23 August 2024

As on the date of death of her husband she being the widow of her husband becomes his Class I legal heir and a successor in interest to succeed to his estates  i.e., she becomes eligible to succeed to his estates by virtue of the succession act, therefore she is entitled to a share in the temrinal benefits of her husband along with other class I legal heirs, even though she contracted the second marriage subsequently, therefore the status as on the death of her husband is vital and will be considered to entertain her claim. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register