What should I do now did I do anything wrong I don't know the rules for getting family certificate
2 years ago
After my husbands death I went to get family certificate to claim his insurance as company requested that. In meseva they told that my in laws can not to be included in family certificate as he is running own company. My in-laws are divorced and my father in law remarried twice. So I applied according as I was told. But now my father in law sent notice to me saying I did it wantedly for insurance. He even went to MRO office had fight to include his name and present wife name but not birth mother name also husbands grandma(she gets 50k) pension every month. Notice has sent to my husband office saying it has disputes so not to process the insurance and insurance people (new India group term policy) obeys his fathers words as he has rights to claim in insurance. What should I do now did I do anything wrong I don't know the rules for getting family certificate
Lucem Leg
Responded 2 years ago
A.Dear Mam,
After the death of the husband, only class I legal heir is allowed which includes you and your mother in law (Biological mother of your deceased husband). In respect of movable assets and as well as for immovable of your deceased husband(died without any Will) including Insurance claim, you will have to apply for Succession Certificate. Please take note that as per Hindu Succession save and except you and your deceased husband's biological mother, no other relative is entitled to claim in this regard so if your deceased husband's biological mother is alive, then both of you have to file Succession case before the Civil Court of Law under whose jurisdiction your deceased husband last resided.
In regard to step-mother it comes in class 2 heir under the Indian Succession Act. She will get a share in the property only if there is no class 1 heir present. But, upon the demise of your husband, there are multiple class 1 heir, including you. Therefore, the property would be distributed amongst the class 1 heir, and no share will be allotted to the stepmother.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Step mother is class II heir under the Hindu Inheritance law. The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. But there are several several class 1 heirs present, hence step mother not entitled to claim any share. Consult with an advocate for further discussion.
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A step-mother is class 2 heir under the inheritance laws. She will get a share in the property only if there is no class 1 heir present. But, upon the demise of your husband, there are multiple class 1 heir, including you. Therefore, the property would be distributed amongst the class 1 heir, and no share will be allotted to the stepmother.
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The step-mother is a class ii heir as per the Hindu inheritance laws, thereby, she would get a share only and only if there is no class 1 heir, but in your case there are multiple class 1 heir present, therefore, step-mother is not entitled to claim any share. You can consult with an advocate and proceed further.
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