Who is legally entitled to the ririral benefits of a deceased state government employee.?
nashirul
(Querist) 20 May 2014
This query is : Resolved
sir,i am a mohammadean ,my elder brother who was married died recently .After five months of marriage ,his wife filed a complaint case before the court contending that my brother i.e her husband is demanding dowry and harsasing her along with her family members but instead of filing a case under section 498(A),she filed the case under section 406/506/34 i.p.c.The magistrate after taking cognizance ,recording stamen t of my brother's wife and his father -in law and issued a search warrant.but during this period ,my brother expired and at the time of his treatment in hospital she never visited the hospital and subsequently after two days staying in hospital he died and we paid for his treatment.my brother do not have any children from his marriage.now my question is that how can we deter his wife from getting his retiral benefit .our mother expired but our father is alive and he is paralytic and was dependant on my deceased elder brother for his treatment.can our father claim any right in our deceased elder brother retiral benefits? Then how and where and under what law pls specify and presently what precautions we can take ,can we sent a legal notice through an advocate to the authority under whom my deceased brother last worked stating that my father and rest of his brothers are legal heir to my decesaed brother,and apart from his wife can we do that ,pls advised.and lastly what forum we can approaced and what will be the content of our petition .
nashirul
(Querist) 20 May 2014
pls specify law and forum from the above mentioned query
Sudhir Kumar, Advocate
(Expert) 21 May 2014
Given facts do indicate that on the death of employee she was wife (no divorce till that date) and notwithstanding above facts, she cannot be stopped from claiming from terminal benefits of her husband.
taking shelter of a lawful process under IPC does not cast any disqualification whatsoever on wife from claiming whatever benefits she is otherwise entitled.
Sudhir Kumar, Advocate
(Expert) 21 May 2014
In addition she can still claim priority of her Mehar on the family dues of husband and can still peruse her claim of stridahan (s/406) against surviving family members. Death of one accused is not acquittal of all others.
Sankaranarayanan
(Expert) 21 May 2014
Find a lawyer in your place and seek his help
Rajendra K Goyal
(Expert) 21 May 2014
Being legal wife she is justified in getting the terminal benefits of her husband. Agree with the expert.
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
Being the legally wedded wife as on the date of her husband's death, your brother's wife becomes the lone and only successor eligible to the death and terminal benefits of her husband's employment upon his death including the family pension, if any. You or your brothers or your father do not become legal heirs to your deceased brother in this aspect. As rightly opined by expert Mr. Sudhir Kumar, I endorse his views given below:
"taking shelter of a lawful process under IPC does not cast any disqualification whatsoever on wife from claiming whatever benefits she is otherwise entitled."
