• Right of Pension on death of Wife

My sister was dead four months back and now her pension is going to her Husband, Now she remarried another woman but the marriage was not registered to avoid the loss of her pension.
In actual my sister got the job on compensation ground on death of our father in service. Our eldest brother is totally handicapped and totally depend on us and she was helping for his treatment and other expenses.
I need a legal advice on following points.

1) Is there any way to block his pension?
2) Is there any way to get a portion of his pension in our brother's Name?

They have two sons and now he is threatening our nephews not giving anything what he owns. In actual whatever he owns even the house is purchased with support of our sisters earnings but every thing is in our brother-in laws name. Even he sold his ancestral properties when children's where minor and brought other properties in his name. Now both the children's are out of the house and younger one is supported by us as he is still unemployed.
We are from Kerala and I live in Delhi and his elder son lives in Mumbai with his Family and now younger one is with my brother.

Requesting your advice how we can support our nephew's to get their rights.

Thanking for your anticipation.

Thanks and Regards
Asked 2 years ago in Criminal Law from Gurgaon, Haryana
Religion: Hindu
If the pensioner dies after retirement, the family pension is payable to the widow / widower upto the date of his / her death or remarriage which ever is earlier. In respect of son and unmarried daughter upto the age of 25 years or until the daughter gets married which ever is earlier. 

2)brother cannot get portion of his  sister pension 

3) father is bound to maintain his children . 

 children can seek maintenance from their father if he refuses to maintain them
Ajay Sethi
Advocate, Mumbai
45472 Answers
2672 Consultations

5.0 on 5.0

1) Is there any way to block his pension?
2) Is there any way to get a portion of his pension in our brother's Name

NO is the answer for both the above questions.  
Law is common for all.
There are no considerations for sentimental issues in law.
Since your sister was married prior to her death, the succession law operates and as per that succession law, the legal heir or successor bing her husband, shall be eligible to succeed all her estates. 
Hope you understood the position of law.
What is the reason you think you can block the pension?
Well, if you block the pension, nobody can avail the benefits, it will go back to the government itself. 
Despite this, if you are adamant to block his pension then you may gather the evidence of his second marriage with another woman and send a petition to the employer of your deceased sister.
T Kalaiselvan
Advocate, Vellore
35628 Answers
386 Consultations

5.0 on 5.0

Pension is given to the widow/widower of the deceased employee as he/she is without the bread earner and is eligible to receive it so long as he continues within the family of the deceased. When the widow/widower gets remarried she ceases to be the widower/widow of the deceased employee and as such would not be entitled to get the pension from the date of his remarriage. To stop his pension you have to write to the department of your sister and annex evidence of the remarriage of your sister's widower. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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