Succession certificate

vishy (Querist) 29 August 2012 This query is : Resolved
mt wife was a govt servant who got died in 2005 left a son who is now 8 years old. she couldnot do proper nomination in her service book record before her death so i am seeking succession certificate for availing the office dues i.e. GPF, gratuity, earned leaves etc of my deceased wife in favor of my son. i got the family pension for few years after hear death but the pension is also stopped for want of proper nomination in her service record. Now office Administration is asking for succession for pension amount also. i have not included pension amount in the succession case.. pls guide me whether the succession certificate for pension is essentially required as it will be given monthly after being allowed...i will be oblized for ur kind advice. also tell me..if it is possible, whether i can incorporate pension amount in the already continuing case of succession?

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Yogesh Anand (Expert) 29 August 2012
Yes you can amend the petition to include the pension amount as it is required for all the properties of the deceased having not made the nomination.

Sudhir Kumar, Advocate (Expert) 30 August 2012
Pension once cgranted cannot be stopped without orders of President/Governor qas the case may be. But such power is exercised by the Miniser of the deptt as delegated authority. Such power can be exercised after Show Cuase Notice.

Raj Kumar Makkad (Expert) 30 August 2012
Though pension once granted being husband/wife of the deceased, cannot be stopped for want of succession certificate and this matter can be duly objected with the department but if you desire to insert this relief in the already going on proceeding of succession certificate then there is no legal hurdle and it can be got added even on the last day of the hearing of the case before the concerned court.

Guest (Expert) 30 August 2012
During the life time of husband family pension cannot be granted to any child of the deceased, even if succession certificate is there.

vishy (Querist) 30 August 2012
thanx gentlemen for the your replies, i want to further clarify since the pension is a payment which is given monthly and i have already availed arrear of erstwhile pension amount of back years, so as to how the amount of that pension is ascertained. Do i need to give court fee(stamp duty) for the amount already paid in past as well as which i will be paid in future. i am little confused that way..pls guide me pls sirs..

K.K.Ganguly (Expert) 30 August 2012
For receiving Family Pension by husband or wife, no succession certificate is required. Identity proof is enough. Please take up the matter with appropriate authority to release /continue to pay family pension to you.

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