govt employees benifits involving two wives
saishanker
(Querist) 12 June 2016
This query is : Resolved
Sir.
My father a state govt employee had married my mother who is second wife with the acceptance of first wife.I have seen the marriage photo of my mother 1st wife Sat infront and made the second marriage.1st wife now has a son.both marriages took place before 30years we all along with first wife and her son were living in one house very happily.recently before a year my father passed away in service.now we are in a big confusion because 1st wife says that her son wants the job and she will give the full pension but I heard that second wife can't get full pension even if 1st wife accepts to it.
Sir
kindly give us suggestion.can second wife get ful or half pension and in what cases.
Do compassionate appointment has time limit.
I am major and my brother who is son of first wife is minor.can I get the job.
Can first wife and her son get both benifits with out our permission.
In legal heir our names are also included as second wife and me as a elder son.
Please help us.
Kumar Doab
(Expert) 12 June 2016
Until or unless there is a prevailing custom in your tribe and legal recognition to such custom the second marriage is illegal.
Although you may be illegitimate child ( if the marriage of your mother is illegal) you still have rights in the estate of your biological father.
Similar queries have been discussed at LCI and you can go thru in the search option on right hand side.....
e.g;
http://www.lawyersclubindia.com/experts/know-about-property-act-602896.asp
http://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp
The question arises the documents on your hands is Legal Heir Certificate or affidavit and is issued by whom?
Tehsildar have been vested with the power to issue Legal heir Certificate.
On strength of which law/custom name of your mother ( second wife) has been included in this certificate?
saishanker
(Querist) 12 June 2016
Thank u sir.our mandal thahasildhar has issued the legal heir by visiting house and made a enquiry and the 1st wife said that she has noproblem by including both wives names in certificate.so he gave certificate by taking a affadivit with her that she has no objection.
Sudhir Kumar, Advocate
(Expert) 13 June 2016
Who is nominee of pension, PF etc
Irrespective of personal law second marriage of Govt servant is illegal, if alive and in service he could have lost his job. Consent of first wife is irreverent. cannot be any claim to compassionate job on the basis of succession certificate. It not property of deceased.
Rajendra K Goyal
(Expert) 13 June 2016
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/regarding-pension-to-second-wife--588771.asp
http://www.lawyersclubindia.com/experts/pension-to-second-wife--588781.asp
Kumar Doab
(Expert) 01 July 2016
Repeated again at:
http://www.lawyersclubindia.com/experts/compassionate-appointment-to-second-wife-son--605871.asp
Kumar Doab
(Expert) 01 July 2016
Repeated also at:
http://www.lawyersclubindia.com/experts/govt-employees-benifits-involving-two-wives-603056.asp
