sucssetion
pavan kumar
(Querist) 25 November 2014
This query is : Resolved
railway employee married a woman 1996 they having 2sons . she dead in 2004 .employee married again 2006. But 2wife took divorce grama.and political leaders with divorce deed.now employee was nomore .officially in railways 2d wife name entered . sons are entitle to take fathers job how .and how can get legal heirs cerficate plz advice me
Devajyoti Barman
(Expert) 26 November 2014
Both of sons out of both marriages are his legal heir and successor and both of them can apply for the job and the fittest anetween two would get the job.
Rajendra K Goyal
(Expert) 26 November 2014
Legal hire certificate can be received from local Tehsildar / SDM office as the rules prevails in your state.
Elder son can apply for appointment.
K.K.Ganguly
(Expert) 26 November 2014
1. The deceased employee's sons from both his wives are entitled to claim for his job, if there is any such with india railways to employ deceased employee's son,
2.Legal Heirs certificate can be had from the local Tehshilder or SDM.
Guest
(Expert) 26 November 2014
First son the first preference with Eligiblity as per required norms.
pavan kumar
(Querist) 26 November 2014
Thanking u sir 2 wife married another person .she had no children 1st marriage .employee son want remove her name in railways through courts can it possible .plz advice me how to move
K.K.Ganguly
(Expert) 26 November 2014
1. What is the use of such removal?
2. He is no more and she is not likely to get any benifit from the railways on account of her deceased husband,
3. The son of the 1st wife will be entitled to get a job at Railways,
4. So, what benift will be obtained by removing her name from the records?
5. Moreover, her name from the records can not be removed with retrospective effect since she was ofcourse his wife when he was alive.
Guest
(Expert) 26 November 2014
Sine the Second wife was Divorced by him during his life time and she had married after divorce she is entitled for no benefits after his demise like Pension etc.Legally you are bound to inform the same to relevant authorities with Original copies of Divorce and her second marriage etc.Consult a Local good Advocate
pavan kumar
(Querist) 26 November 2014
Thank q narasimha sir we move or way
Guest
(Expert) 26 November 2014
Welcome Please
ajay sethi
(Expert) 26 November 2014
agree with Mr ganguly
T. Kalaiselvan, Advocate
(Expert) 28 November 2014
The second marriage of the deceased employee was not legally dissolved by a decree of divorce instead it was done through a divorce deed which is invalid in the eyes of law, hence she will be considered as widow of the deceased employee and since the service records also hold that she is the wife, she will be entitled for family pension of the deceased employee. In this, if she had married another person after the death of her husband, she will not be eligible for family pension from the date of her marriage, but if she had married another person during the life time of her husband, that marriage will be null and void and as per law she will be the widow of the deceased employee thus entitled for family pension and other terminal benefits.
Take the help of a local lawyer for further discussions on the subject.
P. Venu
(Expert) 05 December 2014
While agreeing with learned expert Mr.Kalaiselvan, I may add that such divorce through Panchayat and Elders is valid if there is such custom in the employee's community.
