saneenjavali 18 April 2015

Pension query by a widow!

Dear sir,

We have a Query about Contribution Pension scheme from NTPC. The Employee was 61 year old Retired, who expired few days ago leaving behind a wife, 2 sons and a Daughter. The Employee has worked in Ranipet and Chennai NTPC too. All the Children are above 30 years of age, Married and well settled with good qualification, Jobs and Properties. Whereas the Left behind wife is a 60 year old widow now who is a second wife, First wife had passed away many years back.

Now the Late employer has nominated equal share of 50% each to this left behind Wife and his youngest son who is 28 years old.

Now Wife is Demanding that she would be made 100% share holder of this Pension as now she neither has any source of income nor any home to live. But Children are not willing to give her 100% share.

So My question is can she challenge this in NTPC or Court for 100% share in the Pension? What is the Solution for This? She is really Depressed thinking about her future. Kindly Advice.

Awaiting your Valuable Response. We can be reached on +918123711524, emiratefashions@gmail.com

Reply Follow

5 Replies

saneenjavali 18 April 2015

Kindly note that Dear sir,

(First wife had passed away many years back second marriage had taken place after the death of first wife. Now second wife is a legal wife as per all present records).

Sudhir Kumar, Advocate (Advocate) 19 April 2015

cannot be replied unless Pension scheme document of NTPC (not available in market) is seen.

saneenjavali 19 April 2015

Dear Sir, Name of the scheme is NTPC Defined Contribution pension scheme - 2007. I got a message from an Advocate that children above 25 years are not entitled to receive the pension and this Widow can claim 100% share. Is this applicable to this scheme too?

Sudhir Kumar, Advocate (Advocate) 19 April 2015

no such document called "NTPC Defined Contribution pension scheme - 2007" is part of LLB syllabus in any university. It is also not available in market. In Govt deptts pension is not applicable for 25(+) son of deceased. please check from NTPC if they have a different provision. If no child is entitled why not the widow be getting 100% share.

Adv. Chandrasekhar (Advocate) 19 April 2015

It is always better to go through the pension scheme available in the organization to give a definite answer to your query. But, in general, in the given facts of your case, only family pension is available to the dependents of the deceased pensioner. The dependents are generally the widow, dependent mother, minor sons and daughters till they are unmarried. Here, assuming that this particular pension scheme provides the part of family pension even to the son till he attains 25 years age, in this case, the son crossed that age. So, the only one member that is entitled to the whole family pension is the widow. So, she shall write to the NTPC that she will be provided the entire family pension as no other sibling is eligible. If NTPC puts any problem in her way, at the instance of the complaint from the son, then she has to file a case for succession certificate claiming family pension making NTPC as well as the step son, who is claiming the share in it. She will get full family pension if rules say that the major son or the son crossed 25 years is not entitled any share.