Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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PENSION

(Querist) 11 April 2011 This query is : Resolved 
SIR,
MY UNCLE TAKE ALL THE MONEY FROM MY GRANDFATHER`S PENSION EVERY MONTH. IN THE PENSION FORM MY GRANDFATHER MENTIONED THAT THE PENSION SHOULD BE DISTRIBUTED IN ALL THERE SONS EQUALLY.

NOW FROM LAST 10 YEARS SINCE THE PENSION STARTED MY UNCLE TAKE ALL THE PENSION MONEY AND DIDN'T GIVE A SINGLE RUPEE TO ANY OTHER BROTHER

NOW I WANT TO KNOW WHAT ACTION CAN WE TAKE AGAINST THIS?
Arvind Singh Chauhan (Expert) 11 April 2011
If your grandfather is alive how it is possible to take his pension without his wish. He can distribute according to his wish.
R.Ramachandran (Expert) 11 April 2011
I think the pension is being credited directly into the bank account of your grand father. Only he can withdraw the amount from the bank. For this purpose, ofcourse he can issue bearer cheque in favour of your uncle. That is all.
After withdrawing the money from bank, if your uncle keeps the entire amount and if your grand father does not say anything, then you cannot do anything about it.

Further more, there is no provision in the pension form where your grand father could have mentioned that the pension should be distributed equally amongst his three sons.

As rightly pointed out by Mr. Arvind, it is for your grand father to distribute or not distribute the pension which he gets.
Naresh Kudal (Expert) 11 April 2011
only your grandfather have right over pension. he can give or refuse to give it to anyone as per his wish.
M V Gupta (Expert) 12 April 2011
I agreewith Mr. Ramachandran's observations
Uma parameswaran (Expert) 12 April 2011
If uncle is collecting pension against the wish of grand father ,then grand father can take action against him.


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