• Family pension for daughter

The couple A (a government servant) and B has a daughter C whose husband D ran away a few years after their marriage. Will the daughter C be eligible for family pension after A and B's death?
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Legally no but she will have rights in the ansestral property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The Ministry of Defence has issued fresh guidelines on family pension that entitle divorced daughters of armed forces personnel to get family pension if the divorce takes place after the death of parents.

Earlier, pension was applicable to divorced daughters, considered to be dependent on parents, during their lifetime.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You are not entitled to family pension as you are only separated and not divorced

On demise of parents if you are divorced you can seek family pension

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

No. The family pension cannot get to C .family pension in certain cases may be sanctioned to a disabled child/dependent parents/disabled siblings.

the pension payment is now permitted to be credited to a joint account operated by the pensioner with his/her spouse (either by ‘Former or Survivor’ or ‘Either or Survivor’ basis) in whose favour an authorization exists in the Pension Payment Order, subject to certain terms and conditions.Family pension is payable to one member of the family at a time in the order and for the

period as under:

a) In the case of a widow or widower, up to the date of death or remarriage,

whichever is earlier. Family Pension shall continue to be payable to a childless

widow after her re-marriage if her income from all other sources is less than the

amount of minimum family pension and the dearness relief thereon.

b) When widow or widower becomes ineligible, children below 25 years of age in

the order of their age, up to 25 years of age or till they get married or till they

start earning more than the amount of minimum family pension along with

dearness allowance thereon.

c) After (a) & (b) above; for the lifetime to any son/daughter who is suffering from

any disorder or disability of mind (including mentally retarded) or physically

crippled or disabled and who is unable to earn a living.

d) If no spouse/children below 25 years of age/disabled children above 25 years of

age are eligible for family pension, it may be granted to

unmarried/widowed/divorced daughters above the age of 25 years in the order of

seniority of their age.

e) Thereafter, family pension may be paid to the parents who were wholly

dependent on the Govt. servant when he/she was alive.

f) Disabled siblings (i.e. brother and sister) who were dependent on the

Government servant immediately before the death of the Government Servant,

for life.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

OM 2017mentions 6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death – provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hello,

Yes she will be eligible .

Regards

Swarupananda Neogi
Advocate, Kolkata
2965 Answers
6 Consultations

4.7 on 5.0

Firslty, yes you are liable to get the pension of the family.

Secondly, that is subject to one condition that the department in which your parents had been working must have the police to give pension after the death of either of the two.

Thirdly, because generally pension is been given to the widow or the husband of the wife if she dies.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Divorced daughter is only eligible for family pension.(central govt.) rules. So C can apply for a decree of divorce on ground of desertion from husband and on death of parents can as dependent claim pension.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

She has all the rights in her matrimonial home even if her husband has left and his whereabouts is not known she deserves maintenance from her in laws and from their properties

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes she will be eligible for family pension, if she takes divorce from her husband.

You are in central government or state government.

If in central then the rule is clear that divorced daughter is eligible for pension.

Kindly cross check once if you are a state employee.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Family pension is payable to the disabled children for life and then to the unmarried / widowed / divorced daughters above the age of 25, you can claim pension of the basis of deserted daughter dependent parents.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

Never...

Chanda Singh
Advocate, Noida
6 Answers

Not rated

The daughter C, since she is married as per records, she has to first obtain divorce through a court of law and should return to her maternal home depending on her parents.

After that she may apply for family pension of her father as his dependent

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Yes. C will be eligible after getting a divorce.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

This is my response to you:

1. Yes C will be eligible for pension irrespective of D ran away;

2. Ask C to file for divorce;

3. C will be the single daughter of A and B.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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