Legal Question in Civil Rights Law in India

My wife had expired one month back. She has nominated her sisters name in PF, GSLI, Salary dues and other levies, Pension 50% to me and 50% to my daughter who is minor and gaurdian appointed her sister. Know she has clearly refused to either cancel the nomination or to give an affidavit that she withdraw her name and nominate my name. She is also not ready to give the money once she recv. she herself will invest. herself and her husband 's financial condition is not at all good. according to PF, Gratuity, LIC act nomination of a married women should be from her family. Family means husband and children. Secondly nominee mean she is only legal person to recv. the amount and hand over to the legal heir and not use or invest.

Pls suggest what is the correct way


Asked on 8/13/09, 9:27 am

3 Answers from Attorneys
Rajneesh Malhotra Malhotra Advocates

You and your children have the first right over the money. You can file a suit for declaration in the civil court immediately. Pray before the court to stop the company/organisation from releasing the money and if the same is released then file against the nominee.

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Answered on 8/13/09, 9:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 8/13/09, 1:23 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

nomination does not mean that the nominee is legally entitled to that amount as a legal heir rather it is entrusted upon her. you may resort to legal action stated above and seek injunction from the court of law directing the bank and other institutions to not to release the money to nominee. once the stay is granted, supply the copy to the authorities.

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Answered on 8/13/09, 1:46 pm


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