Initiate execution proceedings against the said order in the same court with the help of your lawyer. Contact your lawyer and he will initiate the process.
My father had retired from Jharkhand Government as dy.superintendant,Sub divisional hospital,Tenughat,Bokaro,Jharkhand.Due to some dispute,his retirement benefit was not paid to him,for which he had filed a case in High Court Ranchi. After his death on 7/09/2013,dispute arose among his heirs,his two wives & their children.His second wife died on 20/04/2016,she left behind me & my sister. As order issued by the court,the retirement benefits of my father was to be distributed in the proption as per agreement done among all heirs,but only some amounts were paid to me & my sister.Also ACP & DACP benefits of my deceased father was not paid to me & my sister.What should we do now for getting our proportionate amounts.
Initiate execution proceedings against the said order in the same court with the help of your lawyer. Contact your lawyer and he will initiate the process.
You show court order to your father's respective department from where he had got retired. And tell them that those people had performed contempt of court's order which were passed to distribute all father's retirement benefits equally among all legal heirs.
If court's order has been flouted, file a contempt petition against the persons. But if not so, go to challenge the agreement which was considered in the judgement of court.
you need to first file the representation in the said dept again and then approach for the said court for resolution
You may first go through the court order in this regard.
If you don't understand the contents of the court order, you may get it interpreted through an advocate.
Discuss the subject matter at length with your advocate.
If you feel that you have been meted with injustice then you may initiate legal steps seeking justice.
Issue legal notice to authorities to pay your proportionate share of benefits as per agreement among the legal heirs
Please file partition suit to claim proper division of moveable and immovable properties of your deceased father.
Hi
In order to obtain the proportionate amount of terminal benefits awarded to your father, you can explore either of the two options herein below :
Option 1:
you can file a suit for partition in the courts and in the said partition suit, you should
a) Array all the legal heirs either as plaintiff / defendants.
b) Outline the details of part payment made.
c) Claim for remainder of monies to be proportionately divided in accordance to Section 8 of Hindu succession act.
d) You can also call your father's employer as a witness under Order XVI, Rule 19, CPC and ask the employer to provide full details of the terminal benefits awarded to your father.
Option 2
Approach the lok adalat (which again is a court ) and ask for settlement of dispute through mediation . this is also a fast track process and helpful in resolving disputes. You can use this forum, if you have full visibility of the terminal benefits awarded to your father.
Option 2 is generally cheaper and faster . But however, parties to dispute should show willingness to settle dispute through mediation
Hope this information is useful.
Why you done the mutual agreement when distribution was not equal. You cannot challenge the consent decree.
When order was passed ?
You need to file partition suit against other legal heirs to claim share from benefits recieved after retirement of your father.
- As per law, after the death of your father , his property & fund etc will be distributed amongst all the legal heirs including the legal heirs from the second wife.
- Further , as the court has already granted direction for the distribution of retirement benefit as per agreed agreement , then all the legal heirs are bond to comply the terms of that agreement legally, otherwise a contempt petition can be filed against the person /authority.
- Since, you and your sisters are not getting the benefit as per that agreement , then you can file an application for contempt before the same court for taking legal action against them.
Dear Sir/Madam,
You are suggested to approach the concerned authority for the share of your benefits.