• Who will eligible father pension in case of father dead

My father was Govt serve by he married my mother after death of first wife and now first wife son age more than 50 years and secon WiFire 5 children age also more than 27 year
My father also died 10years back 

My mother taking father pension 

Who will eligible to take my father pension and how to fixed assets will divide 
Fixed assets property in the name of my father 
Please suggest
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

On demise of father your mother would be entitled to father pension

2) as far as other assets of deceased father are concerned your mother , first wife son , 5 children of second wife would have equal share in his property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Until your mother is alive she is eligible for his pension. After that it stops.

All the children of his first wife and all the children of his second wife and your mother(his 2nd wife) are eligible to equal shares left behind by your father. As of now you are all joint owners.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

1. Only the dependent wife is entitled to family pension,

2. So in this case his second wife alone can receive the same.

3.the adult son has no right to receive the pension even if the mother dies.

4. If he has died without any Will then all his assets would be equally divided among his wife and children from both marriages.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your mother being the wife of your deceased father is entitled to the family pension.

Your father's other assets shall be divided and disbursed among all the legal heirs which will include the children of his first marriage, wife and children of his second marriage.

This distribution /partition shall be in equal proportions to all the legal heirs.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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