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Second wife is entitled to right in husbands wife

(Querist) 09 August 2011 This query is : Resolved 
DEAR EXPERT,

MY FATHER HAS TWO WIFES. MY MOTHER IS SECOND ONE. MY FATHER WAS STATE GOVT EMPLOYEE. LAST YEAR MY FATHER DIED.

CAN MY MOTHER i.e. SECOND WIFE GET RIGHT IN MY FATHERS PENSION?

NOW PENSION IS ON MY STEPMOTHERS NAME.

PLZ GUIDE
K.S.Srinivas (Expert) 09 August 2011
No your mother is not entitled for family pension. Your step mother is only eligible as she is the first wife.
Shastri J.K. (Expert) 09 August 2011
I AGREE WITH MR.SRINIWS.
Advocate Bhartesh goyal Online (Expert) 09 August 2011
Mr.K.S.Srinivas is absolutely right.
M/s. Y-not legal services (Expert) 09 August 2011
Am also agree with expert.. Your mother not entitled to family pension.
M V Gupta (Expert) 10 August 2011
As ur mother's marriage is not legally valid, she would not be entitled to any share in the family pension ur step mother is receiving.
Guest (Expert) 10 August 2011
As per Government of India, Department of Pension & Pensioner's Welfare D.O. letter No. 1/39/86-P.&P.W, dated 16.2.1987, endorsed vide C&AG New Delhi letter No. 211-Audit I/ 13, dated 4 March, 1987 and inserted as Government of India Decision No. (14) below Rule 54 of the CCS (Pension) Rules 1972, THE SECOND WIFE IS NOT ENTITLED TO THE FAMILY PENSION AS A LEGALLY WEDDED WIFE UNDER THE HINDU MARRIAGE ACT.
Nagesh Rudrakanthwar (Expert) 10 August 2011
agree with expert. your mother will not get any share
shamsher (Expert) 12 August 2011
agree with the experts only legally wedded wife is entitled to get pension as your mother marriage is viod
Dr Anil Kumar Singh (Expert) 16 August 2011
I agree with the experts, only legally wedded wife is entitled for pension. The position of legally wedded wife is different is different situations. Kindly consult a senior counsel for the same.


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