Arti (Lead) 08 October 2012

Pension to unmarried daughter when second wife is alive

Hi,

A retired Army officer has an unmarried daughter from his first marriage (first wife is deceased) and second wife (no children).

His Pension beneficiary is his second wife. His unmarried daughter from the first marriage is not mentally stable to work and earn Rs.3,500.

What is the option available to protect the interest of the unmarried daurghter after the death of the retired Army officer -

1. Can the unmarried daughter be made an equal beneficiary of the Pension of the retired Armed Forces officer along with the second wife?

2. Can he execute a will mandating the second wife to disburse X amount from the "Pension" to the unmarried daughter?

3. Any other option?

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3 Replies

Arti (Lead) 08 October 2012

Hi,

Please note the age of the unmarried daughter is 37 years

shamataneja (Advocate) 09 October 2012

Arti,

Unmarried duaghter is certainly a benficiary from her father estate. She is the first class legal heir of her father under the provisions of Hindu succession act. Army officer second wife is also entitled to the share of her husband estate. both are entitled to pension drawn from father and husband as both are in the category of first class heirs. Daughter and wife can share the pension equally in 50% - 50%

P.K.Haridasan (Advocate) 09 October 2012

Have you included your unmarried daughter as a beneficiary to the pension alongwith your second wife. If not so do it.. Then both will be eligible for pension . Over and above you can make a wil to part with money /property to her by the second wife from the income /stock fom other estates.