My brother passed away on August 14th, 2015, while my sister-in-law was pregnant. She gave birth to a son in September and remarried in June 2016. My brother’s company is asking for a legal heir certificate to settle his terminal benefits. My parents and I are wondering if they have a share in the benefits. My sister-in-law obtained a family certificate from MeeSeva without our knowledge, listing only her and my brother’s names. What should we do to proceed?

Apni Law
Apni Law
Law Forum › Category: Family › My brother passed away on August 14th, 2015, while my sister-in-law was pregnant. She gave birth to a son in September and remarried in June 2016. My brother’s company is asking for a legal heir certificate to settle his terminal benefits. My parents and I are wondering if they have a share in the benefits. My sister-in-law obtained a family certificate from MeeSeva without our knowledge, listing only her and my brother’s names. What should we do to proceed?
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Apni Law Staff asked 1 year ago

My brother passed away on August 14th, 2015, while my sister-in-law was pregnant. She gave birth to a son in September and remarried in June 2016. My brother’s company is asking for a legal heir certificate to settle his terminal benefits. My parents and I are wondering if they have a share in the benefits. My sister-in-law obtained a family certificate from MeeSeva without our knowledge, listing only her and my brother’s names. What should we do to proceed?

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Apni Law Staff answered 1 year ago

Your brother’s son, born after his death, is legally entitled to his father’s terminal benefits as a legal heir. You and your parents also have a share in the benefits as his legal heirs, as per the Hindu Succession Act. You should challenge the family certificate obtained by your sister-in-law and obtain a fresh one, including all legal heirs, to claim your rightful share of the benefits.

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