• Stepbrother staking claim to pension account of my deceased father

My stepbrother is staking claim to the pension account of my deceased father who did not have a nominee for his account. My father did leave a will but that does not cover the pension account. Does my stepbrother have a right to this pension amount? Can he claim a part of the pension amount in the account?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

See all the legal heirs of your father including your step brother shall equal share of the pension amount.

Though if step brother is biological son of mother and not adopted by father then he shall have no share.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If he is not natural heir and further not adopted him, his claim shall not be maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If he is a legal heir then he can claim the share if the said pension account is not willed by father

Prashant Nayak
Advocate, Mumbai
34633 Answers
249 Consultations

Pension cannot be bequeathed by will 

 

on father demise only family members would be entitled to money lying in said account 

 

3) step brother cannot claim money lying in pension account 

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

Step brother woukd not be entitled to money lying in pension account 

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

all children (including stepchildren) have an equal right on the property of the deceased father 

Suneel Moudgil
Advocate, Panipat
2390 Answers
6 Consultations

1.On the death of your father his property gets devolved upon his legal heirs which include your step brother in equal share.

2. So both you and your brother have got equal share in it and neither of you can can claim exclusive share in it.

3. So send a legal notice to his employer seeking your due share form his terminal benefits.

4. If you do not get your remedy redressed then file a writ petition or case before the administrative tribunal.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

All legal heirs class 1 have equal share in deceased fathers property 

Mohammed Mujeeb
Advocate, Hyderabad
19363 Answers
32 Consultations

1) Need to check whose name is mentioned as nominee in the Pension account. That person will get handover or transfer pension in his account. for other legal heirs has to go in court for respective shares.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi,

You step brother may claim but you defend his action for not being a natural heir. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

If there was no nomination made for pension account then your step brother being another legal heir to your father can also stake claim, he has got equal rights at par with you.

 

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

If your step brother was not born to your father then he is not entitled to stake any claim over his pension account.

 

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

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