Pension benefits of father on retirement
Bhimreddy
(Querist) 08 January 2014
This query is : Resolved
We are a family of my Father, Mother and one brother and one sister(myself). My mother due to differences with my father left us about 2 years back and absconding. Now father is retiring in Jan,2014 and as a nominee to receive pension after his death he is giving the name of my father's cousin brother's wife whom he has illicit affair. How to avoid this and whether nominee can be myself or my brother, If nominated what will be status after we get married. Please kindly advise me in this regards I am 22 years and my brother is 25. Shortly I may get married. Thanks for the advise to be received. Advise may be given as to legal and in general.
Devajyoti Barman
(Expert) 08 January 2014
It is his retiral benefit. He can choose any person of his choice to make beneficiary of his emoluments.
However as long as his wife is aive and she has not divorced him then she will have to make nominee.
Adv. Chandrasekhar
(Expert) 08 January 2014
1. Your father is entitled to retirement pension.
2. After his death, his dependent is entitled to family pension.
3. As your brother is a major and not entitled to family pension of your father.
4. As you are going to marry recently, after your marriage you are also not entitled to family pension.
5. The nominee cannot take place of the legal heir. Your mother is the legal heir of family pension. If he nominates another lady and after his demise, your mother by obtaining succession certificate can withdraw family pension regularly irrespective of other lady's name as nominee.
Rajendra K Goyal
(Expert) 08 January 2014
Well advised by the expert Adv. Chandrasekhar ji, agree to it.
Guest
(Expert) 08 January 2014
There is no place in nomination for pension. First of all, why do you believe that your father would die soon after his retirement to bring the scope of family pension to any one.
Secondly, it depends solely on the list of family members he would have submitted to the controlling authority during his service period. After death of the retired Government servant, family pension automatically goes to the widow of the pensioner, not to anyone else or the nominee. Family pension to the sons and daughters is permissible only after death of the widow of the oensioner, not before that. Even otherwise, youm as son would be eligible for family pension only up to the age of 25 years that too after the death of your mother.
Third, if he has not already submitted the list of his family members and he intends to show the lady with illicite relations as his wife, you can complain to the administrative head providing complete details of his wife with proof, like rathion card, or Voter I Card or UID or any other proof, which shows your mother to be the wife of your father.
For gratuity, provident fund, he can nominate any person showing his relation with the nominee to receive the payments.
Sudhir Kumar, Advocate
(Expert) 01 April 2018
http://www.lawyersclubindia.com/experts/PENSION-BENEFITS-OF-FATHER-ON-RETIREMENT-446146.asp
In this thread you are a man of 22 years.
http://www.lawyersclubindia.com/experts/GUIDANCE-REQUIRED-512131.asp
you are having a married son
Guest
(Expert) 01 April 2018
So, you are 22 years old and you have a married son also. Really great observation of Mr. Sudhir Kumar that clearly suggests that yours is not a real problem, but merely a hypothetical academic query.
