Legal heir certificate
AMANDEEP SINGH
(Querist) 06 October 2012
This query is : Resolved
sir, my father died on 19/09/2012 in govt. service . i am asked to produce legal hire certificate for settlement of pension and compassionate appointment . we are three family members my mother govt employee , myself son (unemployed) and one married daughter . now sir how should we proceed for a legal hire certificate so that both our damands of pension settlement and compasssionate appointment can be settled? .Also, shall we include in certifcate our sister name as she does not want anything from father's will?
ajay sethi
(Expert) 06 October 2012
if your father has left behind a will apply for probate of will . why you want legal heirship certifcate then .
if will is regd forward to govt certifed copy of will .
if govt dosent agree then go in for legal heirship certifcate
malipeddi jaggarao
(Expert) 07 October 2012
Your query creates confusion as the last sentence states that "she does not want anything from father's will". This means your father must have executed a will. In such case follow the advice of Mr.Ajay Sethi. But if he has not executed any will, you have obtain the legal heir certificate from the concerned revenue authorities. Your sister name will also appear as legal heir in the certificate. She can give a separate affidavit nominating your mother for pension and you for compassionate appointment.
prabhakar singh
(Expert) 07 October 2012
"Also, shall we include in certifcate our sister name as she does not want anything from father's will? "
The last word WILL is causing confusion.
IF any WILL is left by your father you must act as advised by Mr. Sethi.
And if you mean to say that your sister does not have any wish to claim any thing in her father's properties then act as advised by Mr. malipeddi jaggarao
Guest
(Expert) 07 October 2012
Will or no will, there is no relevance of will in either the pension case or the compassionate appointment case. Moreover, in pension case, there is no relevance even for heirship (succession) certificate, if your father had already submitted list of family members to the administration and an entry to that effect exist in the service book of your father. The succession certificate for pension/ gratuity would be required only if your father had not already submitted list of family members to the administration.
According to Pension Rules, family pension would go to the widow of the employee, i.e., your mother only, neither you nor your sister. Even if the widow of the deceased Government servant has dies, the pension would be admissible only to the eldest of the minor child (none of the major children). Gratuity of course can be paid to a nominee, if there is any. But, it there is no nominee, the gratuity would also be payable to the widow of the deceased (your mother).
About Compassionate appointment of a family member, even if you present a succession certificate that would not help, as the condition for compassionate appointment is that there is no earning hand to support the family of the deceased, while your mother is already employed as a Government employee. Your married sister cannot at all be considered for any of the retirement benefits of your father.
Now, it would be better for you to enquire whether your father had submitted any list of family members or not during his life time. If there is any, your mother should submit her claim on the prescribed application Forms for pension, Gratuity, provident fund and the Government Employees Insurance Scheme, etc., to the sanctioning authority through the office of the last supervising officer under whom your father was working last. If you find that he did not sumbit list of family members only then try to get succession certificate, otherwise not.
