Gratuity benefits to estranged husband
Legal Quagmire
(Querist) 09 January 2013
This query is : Resolved
Hello,
My father, a central government employee, took my mother another central government employee as his second wife, without seperating from his first wife. He then abandoned my mother more than 16 years ago. My mother in her original nomination papers filed at her office had mentioned my father as the beneficiary of her grauity funds. However, after he abandoned her, she changed the beneficiaries to me and my sibling, clearly stating that only we are to receive all her benefits and that our father should not receive any. She passed away a couple of years back while still in service. My father, retired, is now claiming that he should also be eligible to her benefits after all these years. What does the law stand on this? Is there any way we can prevent him from claiming the benefits? Any help is much appreciated.
Devajyoti Barman
(Expert) 09 January 2013
The father has no right to claim her death benefits. Your mother being not the lawful wife of your father, he has no right of inheritance of your mother though you have right to inherit your father.
Apply for succession certificate of your mother.
Legal Quagmire
(Querist) 09 January 2013
Thank you very much for the reply Mr Barman. My mother's office however seems to think differently and point to the original nomination form. Is a succession certificate mandatory in these cases? Also, how long does it take to obtain one through the Chennai courts?
Legal Quagmire
(Querist) 09 January 2013
I should also mention that I submitted the legal heir certificate to my mother's office.
Guest
(Expert) 09 January 2013
If the original nomination was revised by your mother in favour of you and your siblings and the changed nomination has already been taken on record in the service book of your mother, the original nomination has no relevance, as that stands cancelled in view of the revised nomination. There is no need for heirship certificate, as the Government office has to recognise the latest nomination (say, revised one) by your mother for the purpose of gratuity.
