My wife got expired 1 year back. Who will be legal heir after I got re-marriage?
1 year ago
My wife got expired 1 year back. I got re-married after few months of wife's death. Who will be the legal heir of her retiral benefits and Insurance claim?
A.Dear Sir,
You will loose your rights after remarriage how ever you may rely upon the following provision of law to claim the benefits.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
You will loose your rights after remarriage how ever you may rely upon the following provision of law to claim the benefits.
===============================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
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A.Dear Client,
the children of your wife will be the legal heirs for her retiral benefits and insurance claim.
the children of your wife will be the legal heirs for her retiral benefits and insurance claim.
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Anik
Replied 1 year ago
the children of your deceased wife will be the legal heirs to her retiral benefits and insurance claim.
Sahil Garg
Replied 1 year ago
She did not have children. Kindly suggest who will be getting benefit of insurance and retirals in case of my(Husband) second marriage.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.To give opinion, it is necessary to know whether your deceased wife had children or not and whether she had any Nominee or not.
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Sahil Garg
Replied 1 year ago
Not any children. Also no nominee was mentioned.
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