Rama Krishna 23 April 2022
Shashi Dhara 23 April 2022
As she is not divorced she is entitled for her husband's property and benifits ,try amicably with her.
SHIRISH PAWAR, 7738990900 (Advocate) 23 April 2022
Hello,
Yes amicable settlement is the only solution for 2nd wife as first wife was not divorced.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 April 2022
If a spouse is abscondng for 7 years or more with whereabouts not known the deserted apouse can apply to the court to nullifying the first marriage and marry again if he or she so wishes. If the husband had not followed all the necessary procedure, a court of law will have to decide taking into account all the circumstances of the case brought before it. The first wife or the second wife can go to court. No one can give a categorical opinion purely based on what are stated here.
Advocate Bhartesh goyal (advocate) 23 April 2022
Dr J C Vashista (Advocate) 24 April 2022
I fully agree with expert advise of Mr. Bhatesh Goyal.
During subsistance of marriage if the Hindu husband re-married it is illegal and invalid and the wife (first) has the right to have her husband's estate / benefits.
What is your problem / dispute / concern / locus standi to the facts posted ?
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 April 2022
Full facts of the case are not presented here.. This is a fit case for the second wife to go to court. One has to do research to find out whether there are any case laws. There could be case laws.
Rama Krishna 24 April 2022
Dr J C Vashista (Advocate) 24 April 2022
Although LIC is a PSU where service i.e., CCS CCA rules are inapplicable and any one can be nominated by the insured and the insurance corporation cannot have objection, even than (first) wife of the deceased insured can raise the objection, where there are bleek chances of success.
Shashi Dhara 25 April 2022
Nominee is not legal successor as per law.if nominee is successor then they get their legitimate share ,if husband has made any will to 2nd wife then she has to obtain p &sc.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 April 2022
As per the amended Insurance Act of 2015, a nominee for an Insurance policy is termed as a "beneficial nominee". A beneficial nominee gets the amount to the exclusion of any legal heirs and other claimants. Thus the second wife will get the amount provided that she contests it through a lawyer who has knowledge of the law.
Dr J C Vashista (Advocate) 26 April 2022
Despite the fact a "beneficial nominee" can draw the amount from LIC yet s/he is not eligible to retain / keep it as s/he is just custodian of the amount and shall have to pass on to legal representative of the deceased, as opined and advised by expert Shashi Dhara.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 April 2022
Please read the new Insurance Act 2015. Nominee is no more a custodian or trustee. Old judgments w.r.t. insurance nominee not absolute owner is no more valid.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 April 2022
"Nominee is not absolute owner of the property."
There is no law or section in law that states this. If this is stated in any law I challenge any lawyer to show that to me.
"Nominee not an absolute owner" is a creation of judgments beginning with the Insurance Act, 1938. Subsequent judgments followed this. Even when occasionally a judgment restored the right to the nominee, the judges will promptly pronounced it "per curium". A High Court or Supreme Court judgment becomes case law for all subsequent cases. All further judgments in similar cases have to follow it. But parliament can reverse such judgments. That has what happened in the insurance law. Modi Government in 2015 passed the new insurance law reversing all previous nominee judgments.
shrikant v. sathe (retired) 27 April 2022
It is the fault of the husbund and the woman who was living with him.They both are at the fault.Hence the first wife is a legitimate wife of the deceased, and should get all the property of her husband.