p1 (s/w eng) 01 June 2010

Legal Heir_Pensionary Benefits

Hello,

My mother expired in 2002 while serving as teacher in govt services. My father left us many years ago and he did not brought up; he has illegal connection with another lady in same town and has two kids. Officially my mother did not file a diverse nor did she complained about my father. Now he is pensioner.

My mother has put my father's name as nominee in the servie register long ago and she didn't change that. Now my stupid father comes back and claiming that all pensionary benefits should go to him, since he is a nominee.

I am so disturbed that a person who never looked after us even a single day, now is planning to get full benefits.

I filed a case for my mother's pensionary benefit in the court.

Could any of experienced lawyers tell

what are my chances of winning the case?

Can a person get the pensionary benefits like this, even though he did not looked after us even a single day?

Is there any supreme court decison for this kind of cases?

Please clarify

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4 Replies

A V Vishal (Advocate) 01 June 2010

Your father is just a nominee and not a beneficiary, he is only a trustee. Ultimately the pensionary benefit should be claimed only by the legal heirs viz. you and your siblings. However, unfortunately your father is also treated as a Class I heir so the property shall be distributed equally among all of you.

A V Vishal (Advocate) 01 June 2010

You have not specified whether you are the only child or do you have brothers/sisters born to your mother? The other woman children cannot claim anything from your mother's benefits.

p1 (s/w eng) 01 June 2010

Hello sir,

Thanks for your response. I have one younger brother. Me and my brother combinely filed the case. Could you please clarify if i can prove that my father did not fulfill his duties as a responsible father, then can we claim the benefits?