LawRato

Sharing of terminal benefits of deceased son


02-May-2023 (In Family Law)
whether mother can claim share in terminal benefits of her deceassed son .she has no source of income and dependant on her husband who is working.what are the options available to protect interests of minor grand son for grand parents when daughter in -law claims full amount of terminal benefits .religion hindu
Answers (3)

Answer #1
695 votes
Dear Client,
Particulars are insufficient. What is the job of deceased son. Whether has he showed his wife as nominee of terminal benefits. You must ascertain the same from nomination column filled by deceased son. Even if son nominated wife as beneficiary certainly mother and minor grand son will have share in the death cum terminal benefits of deceased person. So issue a legal notice immediately to the office authorities in which deceased son worked before the death and file a civil suit and get order to claim a share in the benefits of deceased son. Take expert legal assistance by engaging an advocate in the place where the civil suit has to be filed and get issued a legal notice.

Answer #2
826 votes
Hi
mother is a legal heir to the deceased son under section 8 Hindu succession act and as such she is entitled to a share of the terminal benefits of her deceased son.
Daughter in law(widow) cannot claim full amount of terminal benefits.
You should issue notices to the employer, statutory authorities advising them that mother is alive and hence eligible for a share of deceased son's terminal benefits.
Answer #3
628 votes
the terminal benefits of a son can be claimed by mother, wife and children. If the wife is trying to withdraw all the terminal benefits then the mother may file a representation before the concerened department where the terminal benefits are lying or else approach the court for redressal.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."