nagbhushan2001 at 1:26 p.m. on 27 June 12
Dear sir/madem
i require your kind help to protect the legal rigts of my minor nice
My sister was working in givt college as lecture.she & my brother inlaw who is also govt employee working as veternary doctor having one minor child 12 yrs old.my sister died due to cancer recently. My brother inlaw is not taking care of minor child& he is planning to remmary,at present she is brought up by my parents.my brother in law taken all her death benifits & pension amount since he was the nominee & he is the natural gaurdian of minor child.In order to protect the future interest of the minor child i would like to have suggestion from my leaned friends regarding
1) whether she has any legal rights to have a share in death benifits & pension which we can make him to deposit in her name for her futur
2) what exactly meaning of nominee under legal rigts
joginder at 7:36 p.m. on 28 June 12
1. Your niece maintenance from your brother-in law under section 20 of Hindu Adoption and Maintenance Act
2. Section 125 also provides that minor daughter can also claim maintenance from her father.
3. Nominee is authorised only to collect the money/property after the death of persons who had made the nomination and the nominee cannot become the owner of that money/property. The legal heirs and claim their share from the nominee. Your niece being the Class-I legal heir can claim her amount of share from the nominee i.e. your brother in law.
joginder at 7:38 p.m. on 28 June 12
1. Your niece can claim maintenance from your brother-in law under section 20 of Hindu Adoption and Maintenance Act
2. Section 125 also provides that minor daughter can also claim maintenance from her father.
3. Nominee is authorised only to collect the money/property after the death of persons who had made the nomination and the nominee cannot become the owner of that money/property. The legal heirs can claim their share from the nominee. Your niece being the Class-I legal heir can claim her amount of share from the nominee i.e. your brother in law.
Anonymous User at 1:48 p.m. on 01 July 12
You can take help by asking in easylaw
http://www.easylaw.in/