Pesion to depedents because the Nominee is also dead Pesion to depedents because the Nominee is also dead

2 years ago

The case pertains to Lady Assistant Professor of Govt Degree College of Chhattisgarh State. After serving for over 27 years she became victim to Covid and expired last month. She lived as a Single-Mother with her younger brother and two sons aged 23 & 18 years. She was not legally divorced but lived separately. The elder son is Engg graduate but unemployed and younger one is a student of Engg Course. Due to strained relations with her husband the lady had made her younger brother as nominee for all her financial and other matters. But unfortunately for the family the younger brother of the lady also succumbed to Covid, within 4 days of her death. Husband superannuated many years ago and do not have source of income. The Office Personal record maintains the brother as nominee for her pension etc. Office is denying pension to her kids because they R males and falls under category of adult. Husband of deceased willing to take care of his sons. Suggest remedy for husband gets the pension.

Abhimanyu Shandilya

Responded 2 years ago

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A.See as per the general rule a dependent family member which includes even unmarried daughters are eligible to family pension and one has to look into the rule book of the Chhattisgarh Govt. College Pension Rules. I am sure the father as a spouse must be eligible for the family pension and he should apply for the same. In case they reject the application then file a writ petition by hiring a lawyer in chhattisgarh high court
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.The role of nominee is very limited. A nominee can receive retirement benefit but he is bound to distribute the same among legal heirs. Nominee cannot be entitled to get pension. Since divorce did not taken place hence marriage continues and husband has ever right to claim pension if circumstances so permit.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir
In many states husband are not entitled for family pension on the death of his wife. Please check your state rules.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
The husband and the sons as legal heirs of the deceased female can demand pension since the nominee is also dead now. As far as the restrictions related to age are considered we will need to evaluate the additional details concerning the Pension Policy/ Scheme.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Sochniye question hai. Ki kya husband paination prapt kar sakta hai.
Sons major ho chuke hai. Isliye unko paination nhi mil sakti.
Husband bhi apna kharch uthane ke liye competent hoga. Isliye husband bhi liable nhi h.
Is prakar paination kisi ko nhi milegi.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If a beneficiary nominee or one of your beneficiary nominees dies after your death but before his portion of the policy's proceeds is paid, the nominee's share will be paid to the nominee's heirs or legal representative or the holder of the nominee's succession certificate.

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