Share of a legitimate child in deceased salary benefits
shanti
(Querist) 07 October 2015
This query is : Resolved
my brother was working in haryana police. he died in aug 2015. he is having wife and one daughter 5 years old. his wife is nominee for all his salary benefits. now she is denying to keep the daughter with herself. she has decided i should take care of her daughter. so i have query what are the documents i should take from her to become the guardian of my brothers daughter. since he was a govt employee, what will be the share for the daughter in deceased fathers pension if she is staying with me.
SAINATH DEVALLA
(Expert) 07 October 2015
It is the duty and responsibility of the widow to take care of a minor daughter.
In case of son / daughter, below the age of 25 years, Family pension is commenced only after obtaining a fresh sanction from the pension sanctioning authority (if the name of son/daughter is not mentioned on PPO).
The daughter is also a class1 legal heir to her father.hence an application may be made along with relevant certificates to the Pension Disbursing Authority.
Santosh Goswami,Advocate
(Expert) 07 October 2015
The child along with mother are the legal heirs of the deceased and will get equal share in all movable and immovable asset. Mother can appoint a guardian through a Will.
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SAINATH DEVALLA
(Expert) 07 October 2015
Adv Goswami,
Here the mother is reluctant to have the custody of the daughter,Hence her aunt in the capacity of a guardian can attest the daughter's claim.
shanti
(Querist) 07 October 2015
Thanks for the reply. if mother give will to a guardian , what the guardian have to do to get the share of the daughter. Will there be a separate account for the daughter and mother.
Guest
(Expert) 07 October 2015
Dear Shanti,
No benefit to the child till the widow of the deceased and the mother of the child gets remarried.
The daughter can become the beneficiary of family pension only after her mother ceases to get family pension in the event of her remarriage or death.
If the widow of the deceased has denied to take care of her daughter, you will have to get yourself legally declared as natural guardian of the child nd seek adequate maintenance for her.
SAINATH DEVALLA
(Expert) 07 October 2015
Agreeing with Dhingraji,I think I was a bit wrong in my analysis.
M V Gupta
(Expert) 08 October 2015
I agree with Shri Dhingraji. Under the State pension Rules, which are more or less same in almost all the states, when the deceased employee gave nomination, nominee will be the only person who will get the family pension.The child will not get any benefit so long as the nominee is alive and in this case she gets married . So far as the child of the deceased it is strange why her mother is not willing to take care of her, which is her duty as natural guardian. If she wants the querist to take care of her, the mother should provide for her maintenance charges. Otherwise the querist may refuse to accept the responsibility.
shanti
(Querist) 08 October 2015
Thanks everyone for your response.
I being her aunt ready to take the responsibilty, bcoz mother will go for second marriage and she thinks that if her second husband will not treat the daughter nicely what she will do?
In this case , can i become the natural guardian of the girl ( since as per natural and guardian act 1956 , mother is the only natural guardian). And if we will become the guardian what will be her share in the ancestral land. And if we will adopt her what will be her share in the ancestral land.( since she is not interested in giving guardianship also)
If we will take the guardianship/ adopt now can she claim her propetty rights when she will be 18 yrs.
Guest
(Expert) 08 October 2015
Ms. Shanti,
You were earlier worried over the share of the child from her father's pensionary benefits, now you are worried about share of the child from her ancestral property, if you become the guardian of the child.
If you are so sympathetic to the child and her mother and ready to bring up the child, why you are so worried over the share of the child out of pension to her mother and ancestral property. Let the child take care of such matters after she attains the majority. At least you would not be entitled to any such share.
You should better know, the mother of the child cannot legally disown her responsibility to bring the child up.
Guest
(Expert) 08 October 2015
Gupta ji,
Your surprise and advice for the querist is not unfounded, as you say, "so far as the child of the deceased it is strange why her mother is not willing to take care of her, which is her duty as natural guardian. If she wants the querist to take care of her, the mother should provide for her maintenance charges. Otherwise the querist may refuse to accept the responsibility."
In fact, I got some doubt about genuineness of the problem. As I guessed from the nature of original query, it clearly seemed to be purely an academic query of a law student or the querist may be having an eye over pensionary benefits and the ancestral property on the plea of bringing the child up, rather than the mother. Although that was my doubt earlier, but her supplementary query makes my doubt clear when she switched over from pension entitlement to the issue of child's share in ancestral property. Probably she is interested in the "share in the ancestral land" of the child after becoming her guardian.
SAINATH DEVALLA
(Expert) 08 October 2015
I sail with the views of Adv Dhingraji
shanti
(Querist) 09 October 2015
Thanks very much for ur replies.
One thing i want to make it clear hete is that in this particulsr family the property is less( worth 50 laks in todays date). Thats why her mother doesnt want to stay with the family and take care of her daughter and she is telling us to do the same. But she is not interested in giving the guardianship as well. She has already left the child with our family. Now what we should do in this situation. What is best for�the�child? To stay with her mother along with property ( property worth is less) or to stay with her aunt.
Please give guidence. Actually we reslly want the baby to be with mother. Step mother is always stepmother. How to convince her to keep the baby with her. In haryana as per society daughter sholuld be brought up in the same khandan . we should not allow the daughtet to go with the lady. Bcoz she will remarry.
Plrase help.
Anirudh
(Expert) 09 October 2015
Dear Shanti,
You cannot blow hot and cold at the same breath.
One time you say that in Haryana as per society, daughter should be brought up in the same Kandhan. The Kandhan here means the Kandhan of the father - not the mother. Therefore, when the girl child has been left with the family of the child's father, what more do you want? Does that not satisfy that the girl child will be brought up in the same Kandhan?
You also say that we should not allow the daughter to go with the lady. Where is the question arises, since as per your own version the lady has left the child with the family of her deceased husband.
All said and done, I only come to this irresistible conclusion, that just because the family of the deceased would be maintaining the girl, you want some money from the widow. That appears to be the truth.
Correct me if I am wrong in my understanding.
SAINATH DEVALLA
(Expert) 09 October 2015
legally right now at this stage U cannot claim anything from the mother. If she has really given birth to the girl,morally she has to pay for the child's maintenance.Even the adoption process or the guardianship could be kept aside and the well being of the girl should be taken care of all of U.Whether the mother wants to remarry or not it is her discretion,not a bad proposition I suppose for a widow,but not by neglecting her child.
I think U have received enough feedback from the forum by this time.
M V Gupta
(Expert) 09 October 2015
If the mother remarries,she will not be entitled to get family pension from the Govt; the child will get the family pension until she attains majority and gets married. As regards the child's rights in her father's ancestral property she already got it as her birth right and does not need any confirmation from the mother.On remarriage the child's mother will be divested of all her rights in her deceased husband's properties.
shanti
(Querist) 09 October 2015
Thanks everyone for ur valuable feedback. Last but not the least why is she reluctant to give guardianship, anyway it is for her child only. Or if i am correct will she be able to use her daughterdaughter in near future for the claim of property. And if she will give will she will, she will not not be able to do that. According to the situation how much is the probability for this case.
M V Gupta
(Expert) 10 October 2015
So far as guardianship is concerned, mother will continue to be the natural guardian even if she re marries. Only in the event of her being declared mentally ill or otherwise medically unfit to deal with her affairs or that of the child, she cannot be divested of her rights as natural guardian for the minor child. In such an event a nearest relative can approach the court for appointment of court guardian. Hope this clears all ur doubts. Even if some other minor doubts remain do not bother of them now.
K.S.Srinivas
(Expert) 12 October 2015
Agreed with Sri P.S.Dhingra.
