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What is the eligibility of a married daughter, whose husband abandoned her for over 20 years, for receiving her govt employee Dad’s pension after her Mom’s Death. The daughter is unemployed and haven’t married since.Till her Mom’s death her finances were taken care of by her Mom only through the pension.In her Mom’s will, the Mom has declared her to be the sole recipient of the Pension after her death and no siblings can claim stake in the same. Now the question is, her Mom has died recently, and can she claim the pension on this grounds.
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You are not entitled to family pension
2) divorced daughters are entitled to family pension as per OM dated 11 th September 2013
1. Since you are a married daughter you are not entitled to family pension.
2. The unemployment of a daughter does not make her eligible to receive family pension, if she is married. If the daughter is married then it is immaterial whether she is employed or unemployed.
She is entitled for the pension without will also fulfilling the entitlement conditions as required , so please apply for the pension, if she wants full share then have to go to the court for enforcement of the will if registered.
Please apply first, if they raised queries fulfill the same if reject please case shelter of law , definitely court will help, living separately for 20 years is sufficient ground for the purpose. Don't worry you have the will.
Dear Sir/Madam,
You are suggested to apply for the pension from the concerned Department and also file the RTI Application for getting information regarding the provisions related to it.
She can file her claim with the govt authority which is issuing the pension and reserve her right for the same if not entertained she can approach court
The married daughter who has been abandoned by her husband and has been forced to take refuge with her father and has become a dependent of the father for all her needs, provided she's able to prove this, she will be eligible for family pension at par with the divorced daughter and widowed daughter who become dependent on their parents.
Hence you may apply for it and fight against it through court of law in case the authorities don't entertain your application seeking family pension.
Divorced/widowed daughter eligible for family pension. Divorced decree from court will require.
Pension right cannot be inherit through WILL. You have to prove that you were dependent on father and you are either divorced or widow.
On the ground of abandoned daughter, dept. may refuse your claim or have to obtain direction from High Court.
Hi
In law, dependent daughters (unmarried/divorced/widowed) above age of 25 years will be eligible to claim family pension, vide circular number 1/13/09-P&PW(E), Government of India, Ministry of Personnel,P.G and pensions after the death of the spouse of the government employee.
So, the daughter has to submit claim that
a) she was dependent on her father prior to his demise and
b) mother was claiming the pension whilst she was alive and
c) submit death certificate of the mother and
d) claim the pension by submitting succession certificate.
Hope this information useful
1. IF daughter was a Widow, THEN she could put any application for her Father's Pension.
2. Since Daughter's status shows still married, daughter is not entitled to claim her father's pension. This is irrespective of the fact that Husband is missing or abandoned.
- Yes, as per the government rule, now a divorcee and widow daughter is eligible to get family pension after the death of her parent , who is working in government department.
- Hence, she can claim the family tension after the death of her mother , after producing required documents like death certificate , divorce decree etc.
Only Widowed and divorced daughters of a deceased government employee are eligible to get family pension.
Family pension is given in certain conditions and eventually your case is not covered and you are married.
Married Daughter is not entitled to claim family pension benefit.
But if she is divorced / widow she is entitled to family pension.
In your case she is abandoned i.e., neither divorced / nor widow.
Thus the benefit of family pension is not available to her.
1. Yes she can claim pension of her father.
2. She should apply for pension in department of her father for recieving pension of father after death of mother.
3. She should also attach will of her mother as proof that she is only beneficiary of pension as per will of mother.