Retirement benefits.
Y Saiteja
(Querist) 01 October 2016
This query is : Resolved
A government employee gone for second marriage. 25 yrs ago. From first wife had two children. Then in the presence of elders paid two lacs towards settlement and performed marriages of first wife's children, still paying Rs. 25000/- per month to first wife. Now he is about to retire from service. Suffered serious ill health often under going dialysis. Presently, except his retirement benefits does not have any properties. He wants to execute will infavour of his second wife and children, in respect of retirement benefits. Because his first wife's name is entered in his servic records. She is literally waiting for his last breath, and does not want to part with even a single pie of the retirement benefits. What is the option left to this government degree college principal, to secure the life of his second wife and her children. Kindly help him out.
Raj Kumar Makkad
(Expert) 02 October 2016
I presume the retired Principal is Hindu.
During the subsistence of his first marriage, his second marriage is void.
In the given case, Principal saab didn't took divorce as per provisions of Hindu Marriage Act from his first wife and even after performing second marriage continued her name in his service record as his wife.
Anyway, the children born out of either first or second marriage are equally entitled to inherit the estate after demise of Principal saab with first wife. Second wife shall not have any right to inherit anything on his demise if he do not leave any will.
BUT
a person has his exclusive right to make will in favour of the person/persons he likes to inherit on his demise qua his self acquired properties and service benefits do fall in this category.
Principal saab is required to make a will as desired and a doctor should also be mad as one of the witnesses so as to certify that the physical and mental health of the testator of the will was fit to understand the contents of the will.
Move ahead immediately in the direction you deem fit now.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
"A government employee gone for second marriage. 25 yrs ago. From first wife had two children. Then in the presence of elders paid two lacs towards settlement and performed marriages of first wife's children, still paying Rs. 25000/- per month to first wife.:"
SORRY SHE IS STILL HIS WIFE AND HE HAS NOT RETIRED.
IF THE DEPTT KNOWS ABOUT SECOND MARRIAGE THEY WILL TAKE ACTION AGAINST HIM IRRESPECTIVE OF HIS HEALTH.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
"Now he is about to retire from service. Suffered serious ill health often under going dialysis. Presently, except his retirement benefits does not have any properties."
FINE
IF HIS DEPTT KNOWS ABUT BIGAMY THEN HE WILL NOT EVEN BE HAVING RETIREMENT BENEFITS (EXCEPT GPF AND GP INSURANCE)
Sudhir Kumar, Advocate
(Expert) 02 October 2016
"He wants to execute will infavour of his second wife and children, in respect of retirement benefits. Because his first wife's name is entered in his service records."
ABSOLUTELY ILLEGAL PROPOSAL.
RETIREMENT BENEFITS ARE NOT SUBJECT TO ANY "WILL".
Each benefit has a provision for nomination as per the respective rules governing the same. A male employee has no right at all to exclude spouse from the nominal unless there is judicial separation which is not there as per given facts.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
"She is literally waiting for his last breath, and does not want to part with even a single pie of the retirement benefits. "
SHE HAS A RIGHT.
She has already shown a great mercy. She has not complained to the deptt . She has also not given any FIR against him and second wife.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
"What is the option left to this government degree college principal, to secure the life of his second wife and her children. Kindly help him out. "
I KNOW THE SOLUTION BUT I WILL NOT TELL. IF ANY OTHER EXPERT TELLS THEN I AM NOT ABLE TO HELP.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
If an employee dies in service then the balance of salary from last pay day till date of death can be said to be his estate.
Guest
(Expert) 02 October 2016
Absolutely no option for the bed ridden Principal. No will can hold good against the provisions of statutory rules, except a solution to some extent, but for an ACADEMIC QUERY (what I belive), I won't prefer to give any solution that too for an unconcerned person.
By the way, how you are related with this problem of the employee and his family?
P. Venu 
(Expert) 02 October 2016
The second marriage has no existence of law and the second wife is not entitled for any of the benefits in the unfortunate scenario of of the bedridden principal breathes his last while in service.
Please note that the wife of a deceased employed is entitled for the benefits such as gratuity in her capacity as the widow. This is not case of inheriting or succeeding in the estate of the said employee.
However, an employee has the complete discretion as to the funds he receives on retirement.
In the given scenario, the principal has option to seek voluntary retirement or retirement on medical grounds.
Rajendra K Goyal
(Expert) 02 October 2016
Second marriage is void, wife has no right legally. her children have equal right with children of first wife.
If he is mentally fit, then and then he can execute a valid will.
Raj Kumar Makkad
(Expert) 02 October 2016
I have learnt a new chapter that retiral benefits cannot become subject of will.
Guest
(Expert) 02 October 2016
Makkad ji,
I don't know with what notion you have made your observation, jokingly or as of gaining some knowledge.
But, hope that you would like to realize that a will of an individual person cannot be the substitute of or can replace statutory rules made by the parliament under some statute.
Anyhow, your observation is correct.
Y Saiteja
(Querist) 02 October 2016
Dear expert sirs,
The second wife of principal is home maker. As far as my concern and relation with principal is i was his student. May i expect some authority in support of your very valuable advises and observations, kindly !
Y Saiteja
(Querist) 02 October 2016
It's true principal is hindu. Does lok adalath be taken recourse to if second wife agrees for some settlement.
Isaac Gabriel
(Expert) 02 October 2016
The author may take steps to bring in the children of the second wife as legal heirs without recourse to legal action so that she can be contended with the share they get
Sudhir Kumar, Advocate
(Expert) 03 October 2016
"It's true principal is hindu. Does lok adalath be taken recourse to if second wife agrees for some settlement. "
It is a cold reality that she is not a "wife" in the eye of law. In the eye of law there was no marriage as husband had a spouse and there was no divorce. Law does not empower a hindu wife to allow husband to have a second wife. Second marriage is not legalised by her consent.
I do not understand how Lok Adalat can help her unless first wife doe snot want to show any more mercy.
Sudhir Kumar, Advocate
(Expert) 03 October 2016
Each terminal benefit is governed by the rules framed under proviso to Article 309 and which are statutory.
Each of these rules has a definition of family which wife (lawfully wedded) and male employee has no discretion to exclude her from nomination unless judicially separated.
First wife is already included as wife in service record and cannot be deleted unless the employee can prove divorce pronounced by competent court.
Sudhir Kumar, Advocate
(Expert) 03 October 2016
I KNOW THE SOLUTION BUT I WILL NOT TELL. IF ANY OTHER EXPERT TELLS THEN I AM NOT ABLE TO HELP.
Guest
(Expert) 03 October 2016
Mr. Saiteja,
As per your statement, "As far as my concern and relation with principal is i was his student," it seems you have more sympathy towards the second wife of the principal, rather than your principal, to see how his wife is able to grab his money somehow or the other in the shape of retirement dues.
It becomes evident, as if you are in a hurry to see your principal die with the aim, wither to unduly benefit the second but illegal wife, or to get solution to your academic problem.
If you have any concern with your principal, help him in getting proper treatment to see him recovered. Let him live till retirement to enable him receive his retirement benefits and dispose of in whatever manner he wants.
Why insist upon will. A will cannot become a substitute to any statutory provision.
Also, lok adalat does not also enjoy the power to alter the statutory provisions.
Sudhir Kumar, Advocate
(Expert) 03 October 2016
I have not given any solution I just said
I KNOW THE SOLUTION BUT I WILL NOT TELL. IF ANY OTHER EXPERT TELLS THEN I AM NOT ABLE TO HELP.
Rajendra K Goyal
(Expert) 04 October 2016
Expert Sudhir Kumar Sir,
Before above remarks you have posted two posts.
