Anonymous
Asked September 26, 2016

Legal heir for insurance policy

  • 1 Answer
  • 637 Views

I got married six years back in 2010 and separated after four months of our marriage. I am staying with my widow mother. I don't have any kid. My husband is expired on June 24th 2016 this year. My husband purchaged three plots in his name and has some Insurnece policy he was working in IT filed as software engineer in private company. after his death i got a call from his office for EPF and pension and other offcial insurence. and they need legalheir too. He has two brother and sisters who are married and his parents are also there. and his father has got pension too. and my inlaws family did not help me even for legal heir certificate. So how can i produce a legalheir and i dont have any kids and is there any right on my husband's plots.the plots documents kept his sister with her. Now what to do and how to apply legalheir as he was working in private sector. Please guide me and suggest me what to do ?

Answer 1

Even if you were living separately from your husband but were still the legal wife of your husband, you are the immediate natural heir of your husband. In this case, you are entitled to an equal share over your husband’s property, along with the other first class heirs of your husband. Schedule I of The Hindu Succession Act 1956[1] includes a widow as a class one heir.

 Husband’s property includes the EPF, insurance amount as well as the said plot. Hence, as per the succession laws, you being first class heir of your husband are entitled to a share over the property. You would receive your share of the property in normal course, without any necessity of additional documents.

Moreover, a legal heir certificate is not required by a first class heir and is required only in case of subsequent second class heirs. Hence, legal heir certificate may have been required by your husband’s sister instead, in case of your absence or absence of any other first class heirs. Your husband’s sister cannot legally keep the documents of the plot, as you are directly entitled to the property.

 

 

[1] Available at: http://www.vakilno1.com/bareacts/hindusuccessionact/hindusuccessionact.html#THE_SCHEDULE

Agree Comment 1 Agree about 4 years ago

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