I have a query related to death claims under Muslim law. A female member has expired, and I would like to know:
1. Who are the eligible nominees?
2. Should a minor child (below 18 years) have a joint bank account with the husband or the grandfather?
3. Who is the primary nominee: the father or the grandfather?
Please provide clarification. The husband and grandfather are alive. The location is Chennai, India.
From India, Chennai
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1. Who are the eligible nominees?
2. Should a minor child (below 18 years) have a joint bank account with the husband or the grandfather?
3. Who is the primary nominee: the father or the grandfather?
Please provide clarification. The husband and grandfather are alive. The location is Chennai, India.
From India, Chennai
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Regarding your question about provident fund death claims under Muslim law in India, I will try to provide some clarity.
1. Nominees: As per the Islamic law of inheritance, the husband and children of the deceased woman are eligible to inherit. In the absence of a will, the distribution of assets follows a specific pattern defined under Muslim law. The husband gets a quarter of the assets if there are children; if not, he gets half. The children, both sons and daughters, also inherit a share.
2. Joint Account: For receiving the provident fund death claim, it is not mandatory for a minor child to have a joint account with the husband or the grandfather. However, the provident fund will be released to the legal guardian of the child, which can be either the father or the grandfather. The guardian will have to provide legal proof of guardianship.
3. Primary Nominee: As per the Employees' Provident Fund Scheme, 1952, the member has the right to nominate whomever they wish, and there is no pre-set rule about the primary nominee being the father or grandfather. The nominee is typically chosen by the member while filling out the nomination form.
Please consult with a legal expert or a lawyer to understand the specifics of your case as it involves inheritance and property distribution under Muslim law, which can be complex.
From India, Gurugram
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311. Nominees: As per the Islamic law of inheritance, the husband and children of the deceased woman are eligible to inherit. In the absence of a will, the distribution of assets follows a specific pattern defined under Muslim law. The husband gets a quarter of the assets if there are children; if not, he gets half. The children, both sons and daughters, also inherit a share.
2. Joint Account: For receiving the provident fund death claim, it is not mandatory for a minor child to have a joint account with the husband or the grandfather. However, the provident fund will be released to the legal guardian of the child, which can be either the father or the grandfather. The guardian will have to provide legal proof of guardianship.
3. Primary Nominee: As per the Employees' Provident Fund Scheme, 1952, the member has the right to nominate whomever they wish, and there is no pre-set rule about the primary nominee being the father or grandfather. The nominee is typically chosen by the member while filling out the nomination form.
Please consult with a legal expert or a lawyer to understand the specifics of your case as it involves inheritance and property distribution under Muslim law, which can be complex.
From India, Gurugram
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