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Legal heir

(Querist) 04 October 2017 This query is : Resolved 
Sir,
My husband was expired in July 17. He was a government employee. As per his service book me and my daughter are nominee. So who can eligible to claim his pension and graudivit me or legal heir nominee?. Because in legal heir certificate my mother-in-law name include in.
Kumar Doab (Expert) 04 October 2017
The establishment can discharge IT's responsibility by making the payment to Nominee..
Guest (Expert) 04 October 2017
Your short description is quite insufficient to arrive at some purposeful opinion, as you have neither made clear in which Government department your husband was employed, nor for which specific retirement benefits nomination exist for you and your daughter separately.
Guest (Expert) 04 October 2017
Based on your very short description, it can be said, you are eligible for family pension. Respective nominees are eligible for other retirement benefits.
Rajendra K Goyal (Expert) 04 October 2017
Mother is also a legal heir of the deceased.

Gratuity, PF etc. ate payable to nominee.

In absence of counterclaim, pension is payable to widow of the deceased.
Sudhir Kumar, Advocate (Expert) 05 October 2017
PF and gratuity is not at all payable to mother. she is not in the definition of family for the purpose of PF as well as gratuity in case of married employee.

Only nominee with valid nomination can claim

if the nomination is not valid due to one reason or the other then succession certificate will prevail.
Sudhir Kumar, Advocate (Expert) 05 October 2017
you have not at all stated version of the deptt.
Rajendra K Goyal (Expert) 05 October 2017
Repeated query:

http://www.lawyersclubindia.com/experts/Legal-heir-657796.asp

http://www.lawyersclubindia.com/experts/Legal-heir-653266.asp
Dr J C Vashista (Expert) 08 October 2017
It is abuse of this platform, absurd, ridiculous and stupidity to repeat same query time and again.
Consult a local lawyer for further questions.


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