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M R Rajoria   19 April 2016

Legal advise for utilization of death cum retirement benefi

My daughter was a central govt. employee.  She was married in February, 2009.  She expired on 14.04.2016 during second delivery at the age of 39 years due to multiple complications.  However her inlaws recorded her age as 36 years at the time of her admission in the hospital.  The Doctors told that she was suffering from severe chest problem.  Thus it appears that she was not looked after properly during pregnancy.  I have also come to know that her husband was torturing her mentally and pressed her to repay the debt of his father.  She has left 2 minor children (5 years old sun & newly born baby girl).  Her husband being nominee is entitled to receive all benefits admissible under rules after her death.  I am afraid that the money which he would get may be used in repayment of his father's debt and not for the upkeep of her children.  Is there any legal provision to ensure that the money should be utilized for her children only.  Further kindly advise whether her husband is eligible for employment on compassionate grounds since he is working in a private organization. 



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 2 Replies

Kumar Doab (FIN)     19 April 2016

It is believed that you are Hindu.

The CalssI legal hiers of the deceased Hindu female are:

Spouse, Children

In case of any doubt you need to approach employer/court to devide the share and pay accordingly.

Father is natural guardian.

So a plea needs to be taken.

Consult an able counsel specialzing in family/civil/service matters.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     23 April 2016

As far as compassionte appointment is concenred, sinc ehusband is already employed and apprently children are not of employable age, the chapter is closed

 

if the husband could be accused of murder only then he could be stopped from getting DCRG/GPF/Gp Insurance/ Leave encashment etc.  He could be debarred from pendsion as well.  But unformanately there is no such reasons.

 

Your suspiocion on the chances of misuse of funds for repayment of loans of father can be well founded but is suspicion only.  You can in the interest of the children try seeking injuction from court that the entire money be forbidden to him.  But this is only a matter of luck that you mayt (or may not) get such orders.

 

If you  have to move, you have to moce immediately (today) because under these circumstances deptt has no reason or ground to refuse / dely paying him, unless there is an injuction from the court.


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