required citation or law.
Arvind Singh Chauhan
(Querist) 17 May 2011
This query is : Resolved
daughter inlaw who has remarried can't claim, on the arrears of the family pension of her husband, which has been granted to mother inlaw (now deceased).
Arvind Singh Chauhan
(Querist) 17 May 2011
yes mr. tom u r right. i want citation or law on above point. because second son of deceased lady, has applied for succession, in which above daughter inlaw is objecting. family pension of his late brother had been granted to his mother.
Ahmed Daud Girach
(Expert) 18 May 2011
The payment of dues are made to nominee of the deceased,on the date of remarriage she becomes family member of new husband and ceases to be family member of the deceased husband.Nomination automatically lapses due to operation of law as she has remarried, department can not make any payment to nominee wife who has remaried.Fact of marriage must be informed to employer by marriage certificate or other cogent evidence.Has she children of deceased husband?
Kirti Kar Tripathi
(Expert) 19 May 2011
In service law the right to claim benefit of terminal dues of deceased employee will govern by personal law to which the employee belongs. Thus in case, wife of deceased employee gets remarriages, she ceases the status of member of deceased employee, thus she is not entitled for the arrears of the family pension of her husband.
Kirti Kar Tripathi
(Expert) 19 May 2011
status of dependent/legal heir of deceased employee.
Arvind Singh Chauhan
(Querist) 19 May 2011
thanks to all respected members . Department already has knowledge of remarriage and asking succession certificate, for which second son has applied but that lady has filed application to implead her as a party and objecting.
Guest
(Expert) 21 May 2011
Dear Arvind,
You still need to provide more clarification whether the arrears relate to the original pension of the husband of the remarried lady or relate to the family pension granted to the mother of the deceased employee?
Arvind Singh Chauhan
(Querist) 21 May 2011
Thanks Dhingra Sir, Department had closed the family pension of wife after her remarriage and granted family pension to mother of the deceased employee. Please carry on helping.
