Right of second wife of deceased employee to proportionate share in terminal benefits

Wife of deceased employee being a Class-I heir of deceased, shall be entitled to stake a claim over proportionate share in retiral benefits of deceased and her right cannot be defeated by ay nominations.

Deceased employee had nominated his minor daughter from first wife as a nominee to receive retiral / terminal benefits under various heads and for a certain percentage of share under Scheme of Company, nomination was made in favour of his father. Once there is a claim by the heirs of the deceased to his benefits or assets, the same shall devolve on the heirs in accordance with the governing law of succession

Nomination, in law, cannot be construed as a "Will" of employee and cannot be treated as a testamentary disposition of deceased employee. Nominations are thus to be construed on a different pedestal than a testamentary disposition of the deceased employee. Amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with law of succession governing them. Second wife of deceased, being a Class-I heir of deceased, is entitled to stake a claim over proportionate share in retiral benefits of deceased, per prevalent succession laws. Her right cannot be defeated by nominations.