Mahesh 25 December 2020

Arrears of a deceased family pensioner

Hi,

My mother being a family pensioner has expired recently. She is going to get family pension arrears of past 4 years at this time. But as she expired it is being given to the legal heir of her. For my mother me(son) and my sister(married) is there. Now the pension rule on this says

"In the event of death of a family pensioner the arrears of the family pensioner is payable to ELIGIBLE MEMBER OF THE FAMILY NEXT INLINE."( please refer to 5th point in the attached pdf)

Now, when I go to the treasury officer to submit the papers, he is asking my sister also to come and give a no objection certificate. As my sister is married and staying in a different place, is there any way for me to claim this amount? Also when she is married and at present belong to a different family, do i really need her NOC for this? Please explain a solution. Thanks

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7 Replies

Pradipta Nath (Advocate) 25 December 2020

You and your sister both being the legal heir have equal right over the amount. So better to ask for her NOC. In case she cannot come ask her to provide her NOC in the way of an affidavit before the First Class Judicial Magistrate.

P. Venu (Advocate) 26 December 2020

This platform is not meant to offer any suggestion to assist those who are deprived. And not those who are too ambitious to deprive others of their legal rights and interests.

Dr J C Vashista (Advocate) 28 December 2020

Both of you shall have to approach pension payment officer.

P. Venu (Advocate) 28 December 2020

I am sorry. The first sentence of my earlier posting may be read as " This platform is meant to offer suggestion to assist those who are deprived" instead of "This platform is not meant to offer any suggestion to assist those who are deprived"

The error is regretted.

Mahesh 19 March 2021

Sorry guys,... Actually Pension laws are a bit different from the regular property laws ...Every one thought that as married daughter is also a daughter of the family...they get equal right in everything.. but family pension law says... If the daughter is married ...then it shows no concern to the married daughter and allow son to claim the death arrears...and the reason it says is..thou married daughter name comes in the family certificate.. still it clearly mention that daughter is "married"... once the daughter is married.... pension law treats her as belonging to a different family...If son is there in the family....then what ever the amount daughter want to get is purely depends on the will of the son... If son dont allow married daughter to claim amount...then nothing can stop him... I personally face this issue and thought to share it with you all... please convey it to everyone ..and thanks for all your replies....

P. Venu (Advocate) 25 March 2021

Originally posted by : Mahesh
	Sorry guys,... Actually Pension laws are a bit different from the regular property laws ...Every one thought that as married daughter is also a daughter of the family...they get equal right in everything.. but family pension law says... If the daughter is married ...then it shows no concern to the married daughter and allow son to claim the death arrears...and the reason it says is..thou married daughter name comes in the family certificate.. still it clearly mention that daughter is "married"... once the daughter is married.... pension law treats her as belonging to a different family...If son is there in the family....then what ever the amount daughter want to get is purely depends on the will of the son... If son dont allow married daughter to claim amount...then nothing can stop him... I personally face this issue and thought to share it with you all... please convey it to everyone ..and thanks for all your replies....

The posting above is a complete misreading of the provisions of the CCS(Pension) Rules, 1972 and the Government decisions thereunder, the attached OM Included.

Pradipta Nath (Advocate) 26 March 2021

Mr. Mahesh, sorry you are misunderstanding the rules!

Aside you have been made enough obliged, in case you need an opinion based upon the rule and your situation, better to seek a conference with a Advocate.