Heirs can claim death benefits: HC

HYDERABAD: By an order, the High Court has overridden the law of nominee in favour of the law of successor. Dealing with a writ petition filed by M Varalakshmi Grace of Visakhapatnam district

Published: 09th March 2012 02:30 AM  |   Last Updated: 16th May 2012 06:31 PM   |  A+A-

HYDERABAD: By an order, the High Court has overridden the law of nominee in favour of the law of successor. Dealing with a writ petition filed by M Varalakshmi Grace of Visakhapatnam district seeking court’s direction to the Bar Council of AP and chairman of Advocate Clerks Welfare Fund Committee to release, forthwith, the benefit that are due to her after the death of her husband M Joji, justice CV Nagarjuna Reddy refused to grant relief as sought by the petitioner (Varalakshmi) as the deceased did not change the nomination in her favour after marriage. However, as there was absolutely no dispute about the status of the petitioner as the legally wedded wife of the deceased, there would be no justification whatsoever to keep the death benefit in abeyance on the ground that the nominee did not come forward to receive it.

The judge, in his order, directed the respondents to issue a public notice in one of the vernacular dailies, and if the nominee (nephew of the deceased T Pradeep Kumar) did not come forward to receive the payment within 30 days of such notice the respondents shall pay the death benefit to the petitioner on her approaching them. In the event, payment was made to the nominee of the deceased, he shall distribute the same in accordance with personal law to the petitioner, her son and other family members of the deceased, if any, entitled to receive the same.

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