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JASWANT VIJAY AGNIHOTRI (AIR ARMY)     19 May 2013

Next of kin and nominee

Sir, requested for your kind attention,

what is NEXT-OF-KIN rights and as per law what it stands for. my divorce case is in court and my wife is next of kin as per records and i made my mother 50% nominee. but here my office says that next of kin is still has more power to get your all assests and everything.

how a WILL can be made as nominee other than wife  and difference between nomenee as will mentioned and to avoid next of kin. how can we challange next of kin.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 May 2013

if you have self acquired properties, you may execute gift deed for immediate possession or make a will at your choice.  If your wife asks maintenance for her and child through court, court may sanction it .  at that time you have to give some thing to them and get a relinquirshment deed from them

Tajobsindia (Senior Partner )     19 May 2013

Least you get confused my reply is in reference to Air Force whose active servicemen you are in reference to your question before us;

1. Making reference to Air Force whose active service you are in a family pension is authorised to the legally wedded wife / next of kin (NOK) of those airmen who die while in service. It is also authorized to the legally wedded wife / NOK of those ex-airmen who die after retirement and were drawing pension.

2. Note that the highest eligible heir for family pension in reference to ex- servicemen family is the legally wedded wife and in absence of any marriage hence being bachelor, the mother for a bachelor airman gets highest.

3. Thereafter, the next eligible heirs are the children of the ex-servicemen below 25 years of age (unmarried and unemployed).

4. Then comes the dependent parents who are the third highest eligible heirs to receive Family Pension for married airmen.

5. Between the parents, the mother is entitled for pension before the father. While there is no restriction on the income of the wife, if the combined income of parents is more than Rs. 2550/- per month then they are not eligible for ordinary family pension however, they could become eligible for Special / Liberalised Family Pension in terms of GOI, MOD Ltr No. B / 38207 / AG / PS4.

6. Lastly note, for all those ex-airmen who were not eligible for pension after release / retirement, the wife  / NOK are also not eligible for family pension.

Addendum;
All ‘WILLS’ on family pension are null and void because, a will can be written only on own property, whereas Family pension is Govt. money (Hon'ble SC Judgment exists in reference to this note shared in this query).

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     26 May 2013

@ Tajob sir, thank u for your unique answer.

how can i change next of kin before divorce. what she will get if i die before divorce and how much. what is rights of next of kin. later i nominated my mother as nominee at 50% in case of my death benefits. 

why  it was made next of kin, what was the reason behind its innovation.


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