Wife claiming her rights after husband's death if she is not a nominee

25-Apr-2023 (In Family Law)
My brother in law expired and he has his wife and 3 year old son. In his Office, he has nominated his mother for all fund even after marriage, he updated the nomination and again nominated his mother. Mother is widow and having two other sons. Brother in law showed his mother as dependent on him in office medical cards. Now after his death, my sister filed claim for funds in office and her mother in law also. Mother in law is not ready to give single penny to my sister and her 3 year old son. My sister is housewife. So she has no source of earning. Now office demanding succession certificate for the same. So I want to know how we can apply for the same, if other party doesn't agree?
Answers (5)

Answer #1
986 votes
For getting succession certificate your sister will have to file Probate petition before civil court and after filing this petition court will issue notice to all legal heir and this matter will take around 1 year or sth

Answer #2
662 votes
Considering, that your brother in law even after updation nominated his mother it is difficult for your sister to get anything until her mother in law is ready for any settlement. For further discussion, please contact on my personal e-mail id.
Answer #3
879 votes
Yes you can apply and made your sister as defendant in your case then court will issue notice and your sister have to appear before the court of law
And then court will hear both the parties and decide the matter.
Answer #4
995 votes
You can move to the district court of your concerend district court and apply the succession certificate and made your mother in law and all other a party in the suit.
You all have the right in the property of the deceased as per hindu law.
Answer #5
902 votes
for applying for succession certificate you need to file a petition before the concerned probate court f your district underlying facts and circumstances in the case. she could also file a partition suit and seek her and her son's right in the property of jer jusband as well as joint family, ancestral property if any

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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