Dear Sirs/Madams,
Could anyone let me know the legal status of Adopted Children vis-a-vis Step Children vis-a-vis Second Wife of deceased Employees with regards to his financial benefits from the company. Interpretation by Courts would be helpful in this regard. Are there any laws clarifying such an issue ?
Thanks & Regards
From India, Purulia
20Could anyone let me know the legal status of Adopted Children vis-a-vis Step Children vis-a-vis Second Wife of deceased Employees with regards to his financial benefits from the company. Interpretation by Courts would be helpful in this regard. Are there any laws clarifying such an issue ?
Thanks & Regards
From India, Purulia
Adopted children enjoy same rights as that of biological children (adoption should have been registered)
With regard to rights of 2nd wife, pl consult a lawyer. It differs from case to case and lot of question would arise on circumstance of 2nd marriage. For Eg
1. Was the 1st wife alive at the time of 2nd marriage?
2. Whether 1st marriage ended up in a divorce?
3. Whether any of the marriage been registered?
and so on.
Better option would be to discuss the case with your legal team and act as per their advice.
Change the title of your question as 'Settlement of financial benefits of deceased employee'. You will more response on this forum
From India, Madras
With regard to rights of 2nd wife, pl consult a lawyer. It differs from case to case and lot of question would arise on circumstance of 2nd marriage. For Eg
1. Was the 1st wife alive at the time of 2nd marriage?
2. Whether 1st marriage ended up in a divorce?
3. Whether any of the marriage been registered?
and so on.
Better option would be to discuss the case with your legal team and act as per their advice.
Change the title of your question as 'Settlement of financial benefits of deceased employee'. You will more response on this forum
From India, Madras
Hello JayDG,
Sivaramakrishnan has a point.
Suggest give the ACTUAL situation with details--that will enable the members to give clear & focused suggestions--pl remember that NO @ situations are IDENTICAL, though they may similar.
Rgds,
TS
From India, Hyderabad
Sivaramakrishnan has a point.
Suggest give the ACTUAL situation with details--that will enable the members to give clear & focused suggestions--pl remember that NO @ situations are IDENTICAL, though they may similar.
Rgds,
TS
From India, Hyderabad
You are right, adopted children enjoy the same right & status as biological FIRST children.
There is a concept of "FULL BLOOD" and "HALF BLOOD" in the Indian Legal System as far as Inheritance is concerned. I believe, the Inheritance Law (again which will differ on relegion) will take precedence in who gets what. Maybe Seniors here can shed more light on the subject.
Thanks & Regards
From India, Purulia
There is a concept of "FULL BLOOD" and "HALF BLOOD" in the Indian Legal System as far as Inheritance is concerned. I believe, the Inheritance Law (again which will differ on relegion) will take precedence in who gets what. Maybe Seniors here can shed more light on the subject.
Thanks & Regards
From India, Purulia
Dear,
In almost all the companies/establishments, there is a system of declaration of nominee for all dues in the event of death of an employee. As such as regards the rights of step child/adopted child or second wife are concerned, it should be dealt according to nomination made by the employee while he was alive. If there is any dispute, the money should be deposited with the Controlling Authority/Authority under the Act, who will decide the entitlement on the basis of available records and other facts brought forward by the claimants.
AK Jain
From India, Jabalpur
In almost all the companies/establishments, there is a system of declaration of nominee for all dues in the event of death of an employee. As such as regards the rights of step child/adopted child or second wife are concerned, it should be dealt according to nomination made by the employee while he was alive. If there is any dispute, the money should be deposited with the Controlling Authority/Authority under the Act, who will decide the entitlement on the basis of available records and other facts brought forward by the claimants.
AK Jain
From India, Jabalpur
Dear Arunjain,
Companies usually follow the nomination. However, in many a case, this nomination is challenged (either before or during an appeal) by other relatives. In such cases, distribution is held up till it is resolved between the relatives of the deseased or after court gives a verdict.
But law if known earlier helps relatives in case of urgent financial needs. The law has its own place but at the same time, such employees may be adviced during nomination.
Thanks & Regards
From India, Purulia
Companies usually follow the nomination. However, in many a case, this nomination is challenged (either before or during an appeal) by other relatives. In such cases, distribution is held up till it is resolved between the relatives of the deseased or after court gives a verdict.
But law if known earlier helps relatives in case of urgent financial needs. The law has its own place but at the same time, such employees may be adviced during nomination.
Thanks & Regards
From India, Purulia
Dear Jay,
As far as my knowledge goes, Nomination made by an employee in favour of Wife, Son(s), Unmarried Daughter(s), father, mother are unchallengeable. If made in favour of other than the above (Direct dependent family members), it may be challenged, but I am not sure of it. As regards treatment in case of absence of "Nomination", there is a provision to accept "wife" as legal heir. If this is challenged by dependent family members, then, "Succession Certificate" is called for to decide the matter or the same is referred to the Controlling Authority under the relevant Act alongwith DD/Cheque. The Controlling Authority will decide the %age of entitlement and disburse the amount accordingly.
If there is more to add please do so, the same will be appreciated.
AK Jain
From India, Jabalpur
As far as my knowledge goes, Nomination made by an employee in favour of Wife, Son(s), Unmarried Daughter(s), father, mother are unchallengeable. If made in favour of other than the above (Direct dependent family members), it may be challenged, but I am not sure of it. As regards treatment in case of absence of "Nomination", there is a provision to accept "wife" as legal heir. If this is challenged by dependent family members, then, "Succession Certificate" is called for to decide the matter or the same is referred to the Controlling Authority under the relevant Act alongwith DD/Cheque. The Controlling Authority will decide the %age of entitlement and disburse the amount accordingly.
If there is more to add please do so, the same will be appreciated.
AK Jain
From India, Jabalpur
If I am right, Nominee has only the right to receive the amount and does not have right to enjoy the full money. The job of the nominee is to ensure fair distribution of the compensation among all. For eg: If wife is the nominee, she can receive the compensation, but must distribute the money to her children, her in-laws and to herself.
As Mr. Arun had put, other beneficiaries can always file application in court seeking their share too.
In this case, the member had queried rights of 2nd wife too. Here validity of 2nd marriage too would come into picture. Better option would be discuss the case with legal team before disbursement.
From India, Madras
As Mr. Arun had put, other beneficiaries can always file application in court seeking their share too.
In this case, the member had queried rights of 2nd wife too. Here validity of 2nd marriage too would come into picture. Better option would be discuss the case with legal team before disbursement.
From India, Madras
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Nominee vs legal heir.pdf
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