• Regarding distribution of retirement benefits

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.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

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. 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

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. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

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.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

you need to first file the representation in the said dept again and then approach for the said court for resolution

Prashant Nayak
Advocate, Mumbai
34777 Answers
253 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90330 Answers
2516 Consultations

Issue legal notice to authorities to pay your proportionate share of benefits as per agreement among the legal heirs 

Ajay Sethi
Advocate, Mumbai
100127 Answers
8175 Consultations

Please file partition suit to claim proper division of moveable  and immovable properties of your deceased father. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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. 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

File specific performance suit against them for getting the amount 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Why you done the mutual agreement when distribution was not equal. You cannot challenge the consent decree.

When order was passed ? 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23090 Answers
31 Consultations

Please note it is necessary to look into the Case documents to provide proper guidance in case . 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You need to file partition suit against other legal heirs to claim share from benefits recieved after retirement of your father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15894 Answers
244 Consultations

Dear Sir/Madam,

You are suggested to approach the concerned authority for the share of your benefits. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

A representation must be given to the department. If they do not respond then a contempt application must be filed against the department for disobeying the court's order.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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