• Family pension

If some one other than wife is made nominee foe receiving family pension,and the nominee after some times receiving family pension dies, does the legally married wife have any right to resume payment of family pension. this is the case of a jharkhand govt doctor.
Asked 4 years ago in Civil Law

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14 Answers

on demise of husband wife is entitled to receive pension from the government

2) she should lodge claim with the authorities

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Nominee has no claim over the receivables except to collect in his hand, than distribution acc. to Hindu Succession Act among legal heirs.

And, in case of pension, will directly be receivable in wife`s hand/account, What role nominee serve in this case.

No need for succession certificate, it`s her undisputed right of receive deceased husband pension.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

legally wedded wife is entitled to receive pension on demise of govt servant

2) obtain legal heir certificate from district court

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

first wife should be awarded pension as she is the legally wedded wife of deceased husband

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

valid claim, wife entitle to pension.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

A nominee does not assume the role of a beneficiary. The Nominee keeps the property on bail and has to release on the demand of beneficiary.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

It's settled law that nominee is like a Trustee to work on behalf of the person who nominated him. According to second law wife is entitled to receive pension after death of her husband and Husband in his lifetime cannot nominate a person other than his wife to receive pension. Therefore in your case wife still have right to get pension.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The law is settled that nominee cannot supersede the person entitled for enjoyment of any right. Nominee is just like a trustee to work on behalf of the person who nominated him nominee has no legal right to refrain or keep away a person from enjoyment of a right to which he is entitled.As far as your case is concerned wife has right to get family pension and also have right to recover  the pension has paid to the nominee.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi, she has to obtain legal heir certificate from court to become a nominee for claiming the pension ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

No, it is not the purpose of law of nominee as if it then there will be never ending point on the pension receivers.

It is only limited to the first and consider to be the last nominee automatically.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Any person cannot be made as nominee to receive family pension.

The particulars of nominee including the details marriage and the relationship with the service pensioner would be verified with the authentic documents by the competent authority, and only after that the nominee will be approved.

In any case the original wife, despite knowing or being aware of the third person drawing the family pension, what made her not to claim pension at that time when it became due i.e., on death of her spouse the service pensioner?

There is no provision in law for anyone to succeed the family pensioner.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Can a legally married wife have any legal rights over the nominee nominated by the govt servant ?

No, she had rights over her deceased husband only and not against the nominee who had been receiving the family pension on the basis of spouse of the deceased service pensioner.

Does succession certificate provide any legal remedies to claim family pension?

What is the succession certificate doing here when there is nothing to succeed.

Succession to family pension closes or extinguishes on the death of the family pensioner.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

HERE THE CASE IS THAT ONE DR DIED AND MADE IN HIS LIFE TIME NOMINEE TO HIS PARAMOUR, SHE TOO DIED AND AFTER THAT HIS FIRST WIFE CLAIMS FAMILY PENSION. I WISH TO KNOW THE LEGALITY OF HER CLAIM.

The deceased doctor would have made his paramour as a nominee by manipulating the records or submitting the false records.

However it was accepted and the nominee was granted the family pension by the authorities.

This fact was very well known to the actual spouse whereas she did not open her mouth so far, this clearly indicates tht she has admitted the fact and kept away from this.

Therefore she cannot claim the same at this stage.

There is provision in law to succeed the family pensioner other than any amount that fell due to the family pensioner during her lifetime but was not disbursed or settled during her lifetime.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Only one person can get pension. After the death of the dependent he can't nominate any other person. If she was wife why she was not nominated for the pension earlier is the question.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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