Regarding sharing of retirement benefits of my deceased father
rupam
(Querist) 04 March 2015
This query is : Resolved
resp.sir,my father,a retired jharkhand govt.doctor died on 7th sep'2013. his retirement benefits are due from the department.my mother is nominee mentioned by my father in his documents.an another woman is also claiming for the retirement benefits of my father ,who is said to be the wife of my father and mother of a son.what can be the probable solution for the same?
Guest
(Expert) 04 March 2015
Solution depends upon case history in chronological order, retirement date, list of family members registered with the concerned department and nominations made by your father for his retirement benefits.
Kumar Doab
(Expert) 04 March 2015
As advised by Shri P.S.Dhingra post full details.
The dept. can discharge its duty by making payments to nominee.
Nominee is obliged to pass on to successors.
If the second lady claims to be mother of a son from the deceased, and the legally wedded and surviving wife (nominated by deceased employee) and children from her are doubtful they can proceed under advise of their counsel.
P. Venu
(Expert) 05 March 2015
Pl. find out whether your father had furnished nomination. You may obtain the information under RTI.
Simultaneously, your mother can apply for family pension and other benefits in the prescribed form and follow it up,
alexander
(Expert) 05 March 2015
Even if bigamy is established, the second marriage shall be ab initio void as the first wife was and is still living. Any way the Dept has to go by the record of the family and the nominations made as reflected in the Got servant's Service Book
Alexander
nom de plume
ajay sethi
(Expert) 05 March 2015
agree with experts
T. Kalaiselvan, Advocate
(Expert) 08 March 2015
The official records will speak about the eligibility of the same to the right person. If she is claiming any benefits, she may have to approach a court of law only, the department if not restricted by a court order can very well proceed with the settlement of terminal benefits to the nominee on records.
