Can parents be considered in family members certificate of son after his death Can parents be considered in family members certificate of son after his death

6 months ago

Can parents be considered in family members certificate of son after his death? Mr X passed away at the age of 49, X has wife and two daughters. after his death parents made family member certificate which showing 5 members (Father, Mother, Wife and 2 daughters). as per this family member certificate death benefits are segregated as 5 shares. 23 years of X marriage life parents never lived with X and parents are pensioners. how can they consider as family members of X.

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased, Children of the deceased (son/ daughter), and Parents of the deceased. Being the above proposition of law, the parents of the deceased son can be considered as family members for the purpose of issuing of Family Member Certificate or legal heir certificate.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear

The inclusion of parents in the family member certificate of a deceased individual can depend on specific legal provisions and the customs prevalent in the region. In many cases, the definition of "family members" is limited to the immediate family, which typically includes the spouse and children. However, in some instances, dependent parents may be considered as part of the family unit for certain entitlements or benefits.

Here are a few factors that might determine the inclusion of parents in a family member certificate:

Legal Provisions: The specific laws and regulations governing family member certificates and entitlements in the region where the individual resided or passed away will determine whether parents can be considered as part of the family members.

Dependent Status: If the parents were financially dependent on the deceased individual or were living with the deceased as dependents, they might be considered for certain benefits or entitlements.

Local Customs: Cultural and regional customs might influence the definition of family members, and in some cases, parents may be included as part of the family unit for legal or social purposes.
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