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Legal Advise Needed

Discussion in 'Life Without Spouse' started by Mgal, Jul 15, 2018.

  1. Mgal

    Mgal Bronze IL'ite

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    hi

    My friend lost her hubby 4 months back due to heart attack. She has a son and they were wholly dependent on him. Her hubby had given his parents name as dependent in his company when he has joined and he hadn't changed to spouse after marriage. He has been working with the company for 20 years. Now the problem is, father in law is not signing the compensation papers. Mil is no more. They have bought a new house less than a year ago and there is huge loan pending. She was not working. Now she has joined as a teacher. The salary will only help her for their monthly expenses. She needs the compensation amount to settle the huge loan and take care of her son's studies. Her fil is retired central govt employee who gets 30k pension from 2 jobs and has his own home.
    Anyone know the policies that corporates follow? Can she get the money? She was planning to stay with fil only even after the death of her hubby. He was staying with them before as well. But now he is not ready to give the money to her. He is not even talking to her. He has taken all the post office money that her hubby has put in his name.
    can someone please shed some light on this matter.
    TIA
     
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  2. singlemom7912

    singlemom7912 New IL'ite

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    I believe it is cruel of old FIL. It is better to talk to couple of lawyer in her place of residence and get to know her rights. Once she knows her rights, she can try mediation with FIL. If that doesn't work, she might have to go to court.
     
  3. Mgal

    Mgal Bronze IL'ite

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    the mastermind behind all this chaos is her sil who came from US leaving her 2 children and still have not returned waiting for the amount to come so she can take some of her share... also she blames my friend that she has killed her hubby and is spreading false accusations to all their relatives and his co-workers.
     
  4. Sunshine04

    Sunshine04 Platinum IL'ite

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    Oh god . How cruel. Legally ,since files name is there, it's tough for ur friend
    This is why men have to put wife as dependent after marriage.
     
  5. Spriha

    Spriha New IL'ite

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    Very very cruel...I wud suggest...try to speak through a relative who can make him understand that now since the three of them are only left he should either support his daughter in law and grandson or just sign the papers and nt give them anu further tough time as its already hard to grieve the loss they have suffered.. Still of the old sulking man doesn't understand then tighten ur belts and take out the proof of his retirement pension income just fr referrnce later and send across a legal notice to release the documents as he is not a dependent and has his own source of income...u can defintly do this...and still of he doeant und then Courts are open to decide.
     
  6. SmilesChandu

    SmilesChandu New IL'ite

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    As per Indian Judicial system, by default wife gets right for all belongings pertains to her husband. Even if husband not updated his nominee details in the company. The compensation will be given to wife only.

    Please ask your friend to file a case in ccourt.Parents are eligible forf50% in presence of wife. If you have kids 100% eligible to wife and kids only. Just produce required supporting documents in court. Brothers or Sisters are eligible.
     
  7. friendabc

    friendabc Silver IL'ite

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    her share??u mean she wants share from her father ? if the father gets money then that money will definitely go to her . btw why the fil is angry with the dil . there must be some previous issues due to which he is angry. the coin has two sides... why the husband didnt put her name instead of his father's , is also a question ...was there some rift between husband and her?? if thats the case then it will be very difficult to get her share . she can ask some realative to talk with the father in law ..if he agrees then well n good otherwise she can go to court (but it will b very complicated)
     
  8. friendabc

    friendabc Silver IL'ite

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    it will b good if this happens but r u sure cuz i doubt that cuz her late husband has put father's name as nominee.
     
  9. SmilesChandu

    SmilesChandu New IL'ite

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    It's sure, I know. Normally nomination is
    100% to parents if no wife and kids
    100% to children if it is not quoted as well, but need to show the legal proofs for that.
    25% or only to parents if it kids are there.
     
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  10. friendabc

    friendabc Silver IL'ite

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    i totally get what you are saying but the son has specifically mentioned his father's name. anyway if your answer is the same then pls ignore this comment ... i hope the dil and her son can eliminate their differences and come to some common ground
     

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