Who can claim the benefits such as Pension, Compassionate job, and PF post death of the govt employee (a professor), nominee or his heirs??

Kindly answer the query.

My grandfather, a professor, just deceased a few months before his retirement. His first wife had passed away, and then he married again. He had 5 children (2 sons and 3 daughters) from his first wife, all of whom are married, and just one daughter from the second wife who is under 18 at the moment. He nominated only 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 grounds? Is it just the nominee who will be bestowed with all the benefits, and his heirs will be deprived of all that, or can his heirs (children from his first wife) also claim the benefits?

To my understanding, in the case of a Government employee dying 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.

I forgot to mention an important point with the recent development in this case. 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. She sneakily tried to appropriate all the benefits and PF money, deliberately depriving all other heirs from the PF benefit.

In this situation, what kind of case does it become? She holds the majority in the society and has expropriated almost all things that 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, something she doesn't want to happen. She is using various kinds of forces.

Is the mere sole nominee who will secure the rightful ownership of the entity, relevant benefits in this case, or will all his heirs be given the benefits equitably as according to succession law applicable? Is filing an affidavit filled with erroneous information not amount to a stark violation of the law with the intention of inflicting pain to other heirs and having ill-will against them?

Kindly give a detailed legal view on this case.

Thank you,

Nominee is a person who holds the benefit on behalf of all entitled people.

Succession certificate will be needed in case of legal disputes.

Hi,

When it comes to job succession and pensions, the likelihood of the nominee receiving the benefits is very strong. As for properties (movable and immovable) of the deceased, both wives and children will receive a share unless specifically stated otherwise by the deceased. This is because the second marriage is valid, as is the nomination.

Thanks and Regards

In the present context, it is the wife who is entitled to receive the family pension. Children are entitled after her lifetime or remarriage, if any of the children are so entitled. As a general rule, children after reaching a specified age or upon getting employed or married, cease to be entitled. Recent amendments to the Pension Rules have made unmarried, widowed, or divorced daughters entitled for family pension. However, there is no provision for more than one person to receive a pension at a time.

The amount in the Provident Fund (PF) account belongs to all the legal heirs. The nominee receives the amount only as a trustee on behalf of the legal heirs. As for gratuity, the rules themselves provide the definition of 'family' who are entitled.

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