Vinod Kumar (Individual) 06 July 2011
My brother passed away leaving behind his wife, son, 2 daughters and mother. He was working in govt. service and his wife received his terminal benefits such as pension, gratuity, PF, leave encashment, and govt employees insurance. Does my mother have a share in these benefits and if so how much is her share?
He also had investments in shares. Is mother eligible for a share in this also and how much is that.
-vinod
Raghav Sood (Lawyer) 11 July 2011
yes being class one hier she is entitled for porportnate share i.e. 1/5th
however please refer to the service and pension rules of the department sometimes they have overriding effect
K. GOPALAKRISHNAN (ADVOCATE) 25 July 2011
I agree with Mr. Raghav Sood. However, in respect of investment in shares, a succession certificate, has to be obtained from the Original Side of the High Court.
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