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pinky singhmar (student)     21 June 2012

Greedy grandmother. orphan child. please help.!

I'm Pinky Singhmar from Hissar, Haryana. My mother expired in the year of 2006 and my father expired in 2010. I am the only child of my father. Now there is one bank account of my father which is PPO Account through which my father used to get pension from Army as he was ex-serviceman from Indian Army. In that Account my mother was nominee but my father forgot to change the details after my mother's death. Now bank officials are saying that I and my grandmother are the legal heirs and money will be distributed between me and her. But she never stayed with us. Also on Ration Card, its me and my father. I was wondering if Succession certificate can help me as I am the sole dependent on my father. Plus my grandmother took my father's share of property and gave it to my youngest uncle. And now I am left with no property and even my father's money has to be distributed. Please guide me with some solution. I am left with no one of mine. I am a student and there is no emotional support also except my maternal grandparents but they are poor so they cannot help me in meeting my study expenses. PLease reply as soon as possible.


 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 June 2012

What is your age? Are you a minor? if yes then, who is your guardian?

You can surely recover the share of your father in the property as well as his money. However, your grandmother is also has equal share in it i.e your share is 50%. 

pinky singhmar (student)     21 June 2012

Ma'am I am 22 years old. My grandmother never stayed with us. Also on ration card its just me and my father.Plus as per the documents of Army its me who is nominee in every document. I also got a letter from Army Records Office signed by responsible Lt. Col regarding all this but the bank manager is not ready to listen to anyhting. I guess presenting these many documents should be enough.

Adv Archana Deshmukh (Practicing Advocate)     21 June 2012

Though your grandmother never stayed with you still she is is the class I heir of your father along with you as per hindu succession act. You are definately entitled to your share but your grandmother is also entitled to get her.

pinky singhmar (student)     23 June 2012

Okay ma'am. But bank manager is alson not giving me LTA certificate which is for army pension. in army records my father has put me as nominee for pension but the bank manager is not ready to process the request. he is confusing the LTA certificate with claim of the account. I can leave the Account for few years but LTA certificate is needed for me to get my pension started. I also showed him the document from Army stating that LTA should be paid to me as I am the nominee for that but he is not ready to understand that. Please suggest some wayout.

Nikhil   07 April 2017

Hi hopefully everything have been sorted now god bless u olways ms Singhmar

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 April 2017

Property and succession rights will not apply for pensions. One's mother (your grandmother) cannot not have right over family pension unless she was dependent on your father. As she has also other children (your uncle) she cannot have any right for family pension. As you are now more than 18 I am not sure whether you have right to get family pension. Banks are disbursing pension on behalf of the Government. Banks, particularly the branch manager, have no right to decide regarding who should get family pension in the event of death of the pensioner. The pension office has to decide. The pension office will adivse the branch of the bank keeping account of pensions. Then the pension account branch will advise the branch where the pensioner/family pensioner has account. You must write immediately to the army pension office to stop disbursing pension, if they are doing now, until the issue is settled. If necessary you should get a court order. After that you must present your own case to the pension disbursing office. It would be better if you personally meet the concerned officer. In the case of civilian pension, the pension account stops immediately on the death of the pensioner and if there is or there are survivours entitled for family pension, he/she/they should open new family pension account.

If there is estate in the form of deposits or immovable property left behind by the diseased succession laws in accordance with the personal laws will apply. If such application causes difficulties as it may, say, in the case of a wealthy independant mother vs. indigent dependent widow and/or children only courts can decide. Banks and bank managers cannot decide on their own. They can transfer deposits including deposits in the pension account of the deceased on the date of death to the nominee without reference to succession issues.


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