Family pension

Vignesh (Querist) 28 December 2011 This query is : Resolved
Hello All,

My father was receiving pension from TN state at the time of death. The legal heirs are my step mother, myself and my brother. However , myself and my brother crossed 25 yrs of age. We are first wife sons. Our step mother has no sons/daughters. How the family pension laws hold for her? Please explain

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prabhakar singh (Expert) 28 December 2011
only your father's wife is entitled to receive pension and none of you brothers.

Rajeev Kumar (Expert) 28 December 2011
I agree with Prabhakar sir

Sudhir Kumar, Advocate (Expert) 28 December 2011
what is the confusion. She gets full you will get zero. Pension is not suceedeable right.

Vignesh (Querist) 28 December 2011
It is clear that she gets full . But since it is a family pension , what percentage of what my father got she will get

Devajyoti Barman (Expert) 28 December 2011
Yes your mother comes first.

prabhakar singh (Expert) 28 December 2011
1/2 of your father's pension.

mahendrakumar (Expert) 29 December 2011
does the percentage of pension make any difference to you,as at any case you are not entitled to receive the same.

Deepak Nair (Expert) 29 December 2011
Yes. You and your brother are not entitled for pension. Only your step mother will get.

Guest (Expert) 29 December 2011
If you see the Pensaion Payment Order (PPO), through which your father used to draw pension, you will find the mention of amount of Family Pension also in the same PPO, which your mother would be eligible to draw. Certainly, it is not exactly 1/2 of the pension of your father, as suggested by one member. The rate depends upon the %age of average emoluments last drawn by your father before retirement.