yadagiri (LL.M) 28 October 2011

Compassinate appointment

After the death her Husband the son applied for compassinate appiontement to the Government, the concerned authorities said you produce the legal heir certificate then the First wife & her son went to conserned Tahasildar office made application for issue of legal heir Certificate, but the conserned Tahasildar rejected their application on the ground that another women (second wife ) & her family member objected for issuence of certificate. Subsequently the Second filed the O.P. before the Family court for declare his son is legal heir and he is entitled for compassinate appointement as per the WILL (Created One) executed by her Late Husband. The WILL is valid for comassinate appointement or not.

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3 Replies

ajay sethi (lawyer) 29 October 2011

if you say will is fabrciated you can challeneg the will . when second wife applies for probate you challenge the genuineness of the will . otherwise second wife ahs no rights . howver her son does have right to share in property of father .

SURESH GODBOLE (ADVOCATE) 31 October 2011

Was second wife legal

On what basis she and her son objected before Tehsildar

Any document to show

Was the Office of the deceased knows

Has Tehsildar given a wrtiien order rejecting your application stating reasons

Sudhir Kumar, Advocate (Advocate) 10 December 2011

The WILL is irralevent for compassionate appointment. Govt job is not a property which one can WILL to anyone it is also not a right but only a concession by the govt to be given to the family member on the condition that (i) the family is in poor circumstances (ii0 the claim is not unduly delayed. (iii) the applicant undertakes to maintain the family of decese (in this case both families). Legality of second wife will be less ralevent if she can prove to be have entered marriage ob believe of non-existance of earier marriage or if the family is muslim (queriest has not stated to which religion the family belongs). Notwithstanding this by the time this boy is able to prove his claim on the job the claim will be too belated. In all prpbability he is not getting the job. I wil be happy to be proved wrong.