LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Family pension

(Querist) 17 August 2013 This query is : Resolved 
My father retired in 2002 from govt service of rajasthan govt. Due to some unkonwn reasons my father avoided writing the name of my mother for family pension purpose. such fact came into our knowledge when recently he died and we approached to pension office for family pension.We have produced various documents like ration card, aadhar card, bank pass book having joint name of mother & father etc but concerned authorities are demanding only succession certificate. Unofficially administration (as many of them are aware of our family back ground) accepts that she is the only right claimant but they want legal document. please note that no other person has approached them as claimant of the family pension.pl advise me how to prove that my mother is the only legal wife of my deceased late father
Guest (Expert) 17 August 2013
Since your father did not made any mention of his wife during his service period, there is nothing wrong, if for the purpose of satisfaction of audit, the authorities demand succession certificate. They may be knowing everything about background of your family and entitlement of your mother, but only succession certificate would be a valid proof of her claim on official record, which is a must to be updated legally and according to rules on the subject matter. The concerned official may or may not remain on the seat for sanction of family pension, only official record would tell the story to any authority, whosoever inspects the records from time to time.
Murali Krishna (Expert) 17 August 2013
Obtain a declaration decree from court that your mother is legally married wife of your father. Then seek family pension. If another woman in his life, implead her also along with the department concerned (your father's dept)as party.

Some people advise that succession certificate is required. But, in my opinion, a decree from legally married wife only will help you.

Sudhir Kumar, Advocate (Expert) 17 August 2013
who is the other party you are silent on the same

what material to they have.


your query is subjective you will have to met local lawyer with papers.
Rajendra K Goyal (Expert) 17 August 2013
Get a succession certificate so that the department is satisfied with their record.

alternatively You may file suit for declaration decree as advised by the expert Murali Krishna ji.
Raj Kumar Makkad (Expert) 17 August 2013
Well advised by experts.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :