Thread Started by #john-david1

Kindly answer the query. My grandfather, a professor just deceased few months before his retirement. His first wife was passed away and then he married again. He had 5 children (2 sons and 3 daughters) from his first wife, all of them are married and just one daughter from the second wife who is under 18 at the moment. He nominated just two names, his second wife and the daughter (from the second wife) and left out all the children from his first wife. Now, after his demise, who will be given the benefits (1. PF amount, 2. Pension, 3. Job on compassionate ground)? Is it just the nominee who will be bestowed with all the benefits and his heirs will be deprived of all that or his heirs (children from his first wife) can also claim the benefits??
6th November 2018 From India, New Delhi
To my understanding, in the case of a Government employee dieing in harness, his pension would go to the nominee who should be the surviving spouse and after the death of the nominee, to the surviving children of minor age till they attain majority.
PF accumulation would go to the nominee. In case of no nominee due to any reason, the claim would vest with the legal heirs.
Compassionate appointment can be claimed by the spouse or children only. In the given case, as admitted, the first wife is no more and the children born out of her are settled in life. So, in fact, the surviving second wife and her minor daughter have to subsist with the family pension of the deceased. Automatically, the second wife or her minor daughter on attaining majority will have a stronger stake for any job on the ground of compassion.
For more details, the Central or concerned State Government's Rules may please be referred to.
7th November 2018 From India, Salem
I forgot to mention an important point with the recent development in this case is that after the death of my grandfather, his second wife filed an affidavit stating that she is the only wife and has the only daughter in succession and sneakingly tried to appropriate all the benefits and PF money and deliberately depriving all other heirs from the PF benefit. In this situation, what kind of case it becomes?? Because she holds majority in the society and has expropriated almost all things belong to my grandfather such as documents etc. It's just a legal way which, if possible, can assure benefits to other heirs as well, and which she doesn't at all want it to happen. She is using various kinds of forces. In this situation, Is the mere sole nominee who will secure the rightful ownership of the entity, relevant benefits in this case or all his heirs would be given the benefits equitably as according to succession law applicable?? And is filing an affidavit filled with erroneous information not amount to a stark violation of law with the intention of inflicting pain to other heirs and having ill-will against them? Kindly give detailed legal view in this case.
Thank you,
7th November 2018 From India, New Delhi
Nominee is person who holds the benefit on behalf of all entitled people
Succession certificate will be needed in case of legal disputes
7th November 2018 From India, Pune
Hi
As far as the job succession and pension are concerned the likelihood of the nominee getting the benefits are very strong whereas anything to do with properties [moveable and immoveable] of the deceased etc both the wives/children will get the share unless otherwise specifically stated by the deceased. This is because the second marriage is valid and so also the nomination.
Thanks and Regards
8th November 2018 From India, Hyderabad
In the present context, it is the wife who is entitled to receive family. Children are entitled after her lifetime or remarriage, if the any of the child is so entitled. As a general rule, children after the specified age or getting employed or married cease to be entitled; recent amendments to the Pensions Rules have made unmarried, widowed or divorced daughters entitled for family pension. However, there is no case of more than one person getting pension at a time.
The amount in the PF account belongs to all the legal heirs. The nominee receives the amount only as a trustee on behalf of the legal heirs.
As regards to gratuity, the rules themselves provide definition of 'family' who are entitled.
9th November 2018 From India, Kochi
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