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settlement of terminal benefit of deceased brother
29-Aug-2023 (In Family Law)
my brother is died on 14/8/15 when my sister in law is pregnant. she delivered a male boy in September and she married another person in june-16 now my brothers company requested legal heir certificate for settlement of terminal benefits and I would like to know whether my parents have any share in it and my sister in law brought family certificate from meeseva without our knowledge and it includes only the name of my brother and her name suggest me how to proceed
HI,
your father and mother will get the share in the terminal benefits of your brother. your brother's son will get the major share
in the benefits, being minor guardian will hold the benefits for the protection of minor. as your sister in law already remarried to some other person you can ask for the custody of that child.
first you give notice to the company not to disburse the benefits to any body before giving intimation to all.
you approach family court for the custody of child generally court will give the custody of child to the mother up to five years but your case is different you can show the court that how your sister in law remarried even before the one year of your brother's death. consult a good family court lawyer.
your father and mother will get the share in the terminal benefits of your brother. your brother's son will get the major share
in the benefits, being minor guardian will hold the benefits for the protection of minor. as your sister in law already remarried to some other person you can ask for the custody of that child.
first you give notice to the company not to disburse the benefits to any body before giving intimation to all.
you approach family court for the custody of child generally court will give the custody of child to the mother up to five years but your case is different you can show the court that how your sister in law remarried even before the one year of your brother's death. consult a good family court lawyer.
Helpful?
17+
17+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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HI
your mother , sister in law and the child are eligible to get equal share of the terminal benefits.
it is a different matter that your sister in law got married in june 2016. she will get the benefits as cause of action arose on 14/8/2015 and on that day, your mother, your sister in law and the child in the womb of the mother are the legal heirs.
your mother , sister in law and the child are eligible to get equal share of the terminal benefits.
it is a different matter that your sister in law got married in june 2016. she will get the benefits as cause of action arose on 14/8/2015 and on that day, your mother, your sister in law and the child in the womb of the mother are the legal heirs.
Helpful?
23+
23+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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