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Nagendra   21 May 2018

Wanted legal advice

Hi,

 

            My sister got married to a person in the year 1993.  After marriage we came to know that her husband is previously married to another lady and she commits suicide before my sisters marriage itself. And my sister's husband is having one son and one daughter with his first wife. When we questioned him after knowing this he told I am nothing to do with that family as his first wife is expired.

            After few months he started harassing and beating my sister. He never used to give any money for house maintenance also. Even though he is working as a State Government employee. So after few years as harassment and torture is not bearable by my sister and she came out of his home and started living with my parents. Even though my parents try to convince him to have happy married life, he never agree for that as he is a very big womanizer. So we came to know that he is roaming with many other woman's and he is not at all interested to take care of my sister. And these  activities doing by him is also known to his colleagues also.

            Recently few days before my sister husband commits suicide and reason for the suicide is not known. As my sister didn't take any divorce with him and she already lost her valuable life, what is the legal procedure to claim pension and other after death benefits from the State Government. And another thing is will his first wife's children's (first wife's son is having around 29 years and daughter already married) have any right to claim his after death benefits or pension from State Government.

Please any one give me your valuable suggestions on this.



Learning

 1 Replies

Suneet Gupta (www.vashiadvocates.com)     22 May 2018

Your sister shall be the only legal heir of the person, with respect to the state government pension. The son has a right to share of the pension only till 25 years of age and daughter till she is married. Since his son and daughter from previous marriage are not eligible, your sister shall get the entire pension amount.

However, as regards his estate, i.e. his movable and immovable property, including in his death benefits (insurance, gratuity, etc.), all three shall have equal share. You can apply to the State Government with the proof of marriage for getting the pension and death benefits. It is advisable to coordinate with the son and daughter to expedite the process.


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