• Pension amount drawn illegally

My mother was government teacher she aquired property on her name one house in which we are living but in 2001 she died and the property holders left 3 members me the son my sister and father who retired govt employee my father remarried in 2003 and he retired from his service in 2008 and my sister also got married in 2007 my father promised orally that he leave his share in house so i should not ask anything in his retired money which he got from department so i agreed verbally in 2014 my sister and father transfered their shares through release deed takes place in sub registar office and after that i got separated in 2015 with my wife in same house in 1st floor. After my mother death in 2001 my father was drawing family pension of my mother. After 2 years later of my mother death my father got remarried as i mentioned above,drawn familly pension even after remarriage which is illegal for 16 years from 2003 to 2019 august. He could have nominated that pension to me in 2003 i could eligible till 25th of my age as per government rules which is in 2012 i completed 25 .but iam unaware of this law so i have also not objected then and i have also not aware whether he was drawing family pension after his remarriage, now only i came to know. After my separation in 2015 with my wife my father nominated his 2nd wife in each and everything in his pending funds of department ,bank accounts and his department pension after his death. so now my father got died in august 28. But in death certificate certainly my father,s 2nd wife name will must have appear to being nominee in future so she must have draw my father,s departmental pension and to become nominee of pending funds bank accounts.if she not mentioned her name in death certificate she will not be the beneficiatory of father,s pension and funds so she must mention her name in death certificate. so now my father,s 2nd wife plan to give death certificate to the pension office or bank to stop that pension which my father was drawing illegally of my mother death compassionate pension till now.so definately by looking that death certificate that pension officials come to know that my father remarried and not informed so they may come for enquiry for recovery of illegal pension which father drawn. but father died so will they trouble to me or only 2nd wife of my father only responsible for that as she is nominee of my father.iam not yet applied for death certificate also iam hesitating . iam the son case of karnataka state
Asked 6 years ago in Criminal Law
Religion: Muslim

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8 Answers

No, the pension authority will not do anything to you and to your stepmother for collecting your mother's hard money earned and collected in the PF account. Only the concern was that if you were minor at the time of your father's remarriage time.

 

 (3)     (i)    Where a widow or widower in receipt of family pension remarries and has, at the time of remarriage, child or children from the deceased Government servant or pensioner who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such child or children.

 (ii)     For the purposes of clause (i), the remarried individuals shall apply to the Head of Office in Form 14, along with a declaration that the applicant continues to be the guardian of such child or children. 

(iii)    If the remarried individual has, for any reason, ceased to be the guardian of such child or children, the family pension shall become payable to the person entitled to act as guardian of such child or children under any law for the time being in force and such person may submit a claim in Form 14 to the Head of Office for the payment of family pension.

 (4)        If the person eligible for family pension is a minor or is suffering from any disorder or disability of mind or is mentally retarded, the guardian may submit a claim in Form 14 on behalf of such person.


As per government rules till 2004, family pension could only be granted to deceased government employee’s spouse and after his or her death to the dependent son or daughter below 25 years of age. In 2004, the rule was changed to stipulate that there will be no age restriction in the case of the divorced or widowed daughter who shall be eligible for family pension even after attaining 25 years of age. An income stipulation was fixed to qualify for getting this pension. The family pension would end once the parents passed away and none of the children qualified for the pension on account of the son or daughter being married or them being above 25 years of age.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Remarriage does not disentitle your father to receive family pension of first wife 

 

since your step mother is nominee of all father assets she would have to pay in case any demands are made 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Sir,

You are not in trouble. Your step mother will be in mother. Nothing to worry.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

I am telling you the relevant pension rule. After that if you have questions  ask it. 

Remarried widower is entitled to her deceased wife's pension. In case deceased wife has any child or children, entitled to receive the pension, whom the widower shall be the guardian, the widower shall receive the pension on behalf that child or children.

It mean widower should meet out the upbringing expenditure of those children during the period of entitlement of pension. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

It has been held by the government that even in the case of remarriage of a widow, family pension can be given."

 

If any money is sought to be recovered it would be from legal heirs who have inherited his property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

if there is no property bequeathed by you through your father you need not need to worry. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If your father was drawing pensions by suppression of facts then as legal representatives of father you and your step mother both are liable to pay the amount to pension department if they file the case for recovery of pension funds. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Writ Petition in high court is the best remedy in the following circumstances

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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