Apni Law Staff asked 2 years ago
My aunt married in 1990. Her husband moved to Bangalore and asked her to live like his sister. He then married his junior colleague and started living with her and his family. His second wife works with him at the same office. Two weeks ago, my uncle passed away from cancer. His second wife, who works at his company, is the nominee. Who is legally entitled to receive his benefits? If the company gives these benefits to his second wife, will we be able to get them back? They are not being helpful. My uncle worked at the Jawaharlal Nehru Centre for Research. It would be a huge help if someone could guide us. My aunt’s family is struggling financially, so any assistance in this case would be greatly appreciated.
Best Answer
Apni Law Staff answered 2 years ago
Based on Indian law, your aunt’s husband’s second marriage is legally valid. Since he nominated his second wife for his benefits, she is legally entitled to receive them. While your aunt may have legal grounds to challenge the nomination or claim a share of the benefits, the company’s decision is final, and getting the benefits back would require legal action.
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