• Succession certificate

Respected Members

My self Pramila I had a son age 27 years old.My husband died two years ago.It was come  to my notice that he had kept another lady and three children with age (19,17,15 years old).But since there is no divorce and I am the only  nominee in his service record.

I got the Pension payment order.

I got the pension,gratuity,PFetc..the pension is continuing till date from last two years.

Now  (year 2014) the other lady made petition in the civil court for succession certificate to get the pension,PF and gratuity under section 372,  and I got the summons from the court for compliance.

Is she and their children eligible to get pension what the law says.


What should I do ?
Asked 2 years ago in Property Law from Kalyan, Maharashtra
1) a hindu cannot during subsistence of earlier marriage remarry . such a marriage is null and void 

2) since the lady  is not the wife she cannot seek your husband , pension , gratuity etc 

3) however if your late husband was father of 3 children with that lady they would have equal share in  their father property
Ajay Sethi
Advocate, Mumbai
27378 Answers
1488 Consultations
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1. Since you were not divorced before he may have married that lady, the said person can not claim right of a wife.
2. So in other words the pension or other retiral benefits would not be divided with the second wife.
3.Since you have received the summons appear in the suit and contest the same. I do not think you have much to worry.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
Hello,
1) As far as the second woman claiming PF and gratuity benefits of your deceased husband, you need not worry as she can not be a legally wedded wife even if a marriage took place behind your back as your husband never divorced you.
2) You need to comply by the court summons and oppose the application for succession certificate by the other woman in question.
3) If the three children have been fathered by your late husband, they will be entitled to claim a share in the estate of their deceased father subject their succeeding in establishing their paternity.
4) As of now you have nothing to be concerned about your rights being challenged. Do appear before the court with the help of your advocate.
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
5.0 on 5.0
1. Your husband's second marriage is illegal as per Hindu Marriage Act, so the other lady is not considered as wife of your husband as per law,

2. So, the other lady, not being considered as the wife of your late husband, will not be entitled to claim any share on the property of your late husband,

3. However, if your late husband has fathered three iollegitimate children, then they will be entitled to claim equal share on the property of your late husband.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
1) pension is given only to legally wedded wife and not to the lady with whom your husband has relationship 

2) however along with legally wedded wife 3 minor children illegitimate children would be entitled to family pension and gratuity
Ajay Sethi
Advocate, Mumbai
27378 Answers
1488 Consultations
5.0 on 5.0
Yes. The lady, being the mother of the said three children fathered by your late husband, is entitled to equal share of the pension for and on behalf of her 3 children.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
Hi,
 1. Hope that you have engaged an advocate to defend you in the court..
2. The children of a ineligible wife have the right in family pension of  the deceased.
2. take a defense  not admitting the paternity of the  children as of your husband , challenge their paternity .Since you did not have any knowledge about their existence, her claims of her children's right will  not stand.
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
1. The statement of facts furnished by you does not reveal that your husband had married this lady. So her status would that be of a concubine under the law. Although your deceased husband had committed an offence by having a concubine, the issue of succession to his property is to be judged with regard to the rights which accrue to the illegitimate children under the law of the land. 

2. You have not mentioned whether the 3 children of your deceased husband's concubine were the biological children of your husband. If they are the biological children of your deceased husband then they are entitled to an equal share in the movable and immovable property (including gratuity ad pension) owned by your deceased husband. 

3. Since this lady has filed for succession certificate you should engage a competent advocate and contest her petition. You may succeed in rebutting her claim as they shall have to prove that they are the biological children of your husband.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0

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