LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

How to get death certificate of my father

Page no : 2

Deekshit Kumar (private)     18 May 2016

Dear Sir,


As this is a pubic forum, I did not provide you with some personal information such as names and govt. organization where my father used to work.


The facts are he used to get suspended and again after some months he used to join the duty, so his service book was not updated and has various remarks.


So, his pension was not sanctioned as service book needes to be updated. To update his service book taking it to all the places where he worked, it took lot many days i mean more than year and a half and when it was in the final stage, unfortunately he expired.


All his service book was cleared and was sent to the higher authorities. Meanwhile, I filed an RTI regarding this pension status, I got the reply stating that it is in process and my name is mentioned in the place of nominee.


The other facts are: he did not pay my mother any maintenance or for me even when i am a minor. Those court orders were with us. Some time back when he was in touch with us he wrote a deed of settlement, in which he mentioned that he would pay us Rs. 5000/- every month, which he did not do at all.


My intention is to get the maintenance amount and also Rs. 5000/- to be given every month to us.


You might be surprised that he was such a cruel person that he is used to get absent (to the maximum extent) to prolong the court hearings and because of this getting fed up, we stopped attending to court hearings and then he cunningly got his exparte divorce. He does not listen to his lawyers at least who mentioned only a very little amount as maintenance Rs.500/- to my mother and for myself. But he used to get asconded from his work place when this order reaches him and thus his work record got disturbed.


At present, when he expired, he has no body to live with and hence my query.


Is this a vague kind of situation. I do not think there are any cases as example. 


Some persons are born, who has purpose, but my father is a soul who has no purpose, no family, nothing. Sorry to say, but we are very unfortunate as his offspring and my mother as his wife; At last please tell if i am correct to know my RIGHTS to live as he is father to look after us.......


My presenting of few facts is: if i write a big query, it would be difficult for anybody to get answer. that is all.

Thank you 

pdeepa

Sudhir Kumar, Advocate (Advocate)     19 May 2016

As this is a pubic forum, I did not provide you with some personal information such as names and govt. organization where my father used to work.


 

REPLY

NOBODY HAS ASKED THE NAME OF THE ORGANISATION RULES ARE SAME FOR ENTIRE CENTRAL GOVT

Sudhir Kumar, Advocate (Advocate)     19 May 2016

The facts are he used to get suspended and again after some months he used to join the duty, so his service book was not updated and has various remarks.


 

REPLY

 

DOES NOT CONVEY ANY FACT.  YOU HVE NOT STATED HOW MUCH WAS PERIOD OF SUSPENSION WHETHER ENDED WITH/WITHOUT PENALTY WHETHER REGULARISED AS DUTY/LEAVE OR OTHERWISE.

Sudhir Kumar, Advocate (Advocate)     19 May 2016

All his service book was cleared and was sent to the higher authorities. Meanwhile, I filed an RTI regarding this pension status, I got the reply stating that it is in process and my name is mentioned in the place of nominee.


 

REPLY

 

SO IT APPERS THAT SOME PENSION HE EARNED BEFORE DEATH  IN THAT CASE THE PENSION ARREARS CAN BE CLAIMED BY SUCCESSOR (NOT NOMINEE) BASED ON SUCCESSION CERTIFICATE.

Sudhir Kumar, Advocate (Advocate)     19 May 2016

The other facts are: he did not pay my mother any maintenance or for me even when i am a minor. Those court orders were with us. Some time back when he was in touch with us he wrote a deed of settlement, in which he mentioned that he would pay us Rs. 5000/- every month, which he did not do at all.


 

REPLY

 

NOT AT ALL RELEVANT NOW

Sudhir Kumar, Advocate (Advocate)     19 May 2016

My intention is to get the maintenance amount and also Rs. 5000/- to be given every month to us.


 

REPLY

 

THIS CLAIM SHOULD HAVE BEEN ENFORCED AS LONG AS HE WAS ALIVE.

 

NOW YOU (IF ABLE TO PROVE YOURSELF AS SOLE SUCCESSOR)  CAN GET ARREEARS OF PENSION/GRAUITY/LEAVE ENCASHSMENT IF ANY.

 

YOU CAN GET FAMILY PENSION IF OTHERWISE ELIGIBLE.

 

This may be less of more tht Rs 5000 per month

Sudhir Kumar, Advocate (Advocate)     19 May 2016

You might be surprised that he was such a cruel person that he is used to get absent (to the maximum extent) to prolong the court hearings and because of this getting fed up, we stopped attending to court hearings and then he cunningly got his exparte divorce. He does not listen to his lawyers at least who mentioned only a very little amount as maintenance Rs.500/- to my mother and for myself. But he used to get asconded from his work place when this order reaches him and thus his work record got disturbed.


At present, when he expired, he has no body to live with and hence my query.


 

REPLY

 

ALL THESE THINGS ARE NOT RELEVANT NOW

1 Like

Deekshit Kumar (private)     19 May 2016

Dear Sir,

Sudhir Kumar Sir, Thank you very much.


Can you please guide with the procedure to get succession certificate.


As my name is mentioned in the pension papers, would it not suffice legally to proceed further. 


What would be approximate cost involved to get this all done.


pdeepa

Kumar Doab (FIN)     19 May 2016

You are nominee/legal heir/successor.

Stake your claim under proper acknowledgment.

Updation of service book in job of respective authorities.

If you are unable to resolve on your own, lean on able counsel well versed with dept. rules, labor-service matters.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query