No objection certificate
saiebabu
(Querist) 11 July 2014
This query is : Resolved
Dear sir,
My sister had filed a divorce suit against my brother in law in 2006 and added an interimm releif suit to it latter, but our doubt is that our lawyer colluded with my brother in law and left the case as it is after an initial disburssal of some ammount, now in the year 2013 my brother in law had expired in the month of february due to cardiac arrest after a long period of hospitalisation,now when my sister went to claim her family penssion benifits the office people are not responding well and asking who she is? here I would like to state that my brother in law had given in writing that my sister and her children are nominee's and as far as we know he had not married again so, now how to show to the office people that my sister is the only nominee for her husbands family pension and other benifits as there is'nt any divorce issued to her so how to get a no objection certificate from the court to grant my sister her due benifits?
Kuummaar AS
(Expert) 11 July 2014
WHAT WAS STATUS OF THE CASE BEFORE DEMISE OF YOUR BROTHER-IN-LAW?
Dr J C Vashista
(Expert) 12 July 2014
Seek information from the emplyer of your BIL invoking the provisons of RTI Act, engage a local lawyer, show the information /documents for perusal, analysing and advise.
Devajyoti Barman
(Expert) 12 July 2014
Ask your sister to apply for succession certificate.
She has share in the property of her husband and on the basis of the said certificate she can lay claim on her due share.
malipeddi jaggarao
(Expert) 12 July 2014
As Mr.Barman suggested, it will be sufficient for claiming pension also.
Rajendra K Goyal
(Expert) 12 July 2014
If the divorce decree was not awarded till the date of demise, your sister is entitled for her share in the property of your BIL. consult a lawyer and lodge claim.
ajay sethi
(Expert) 12 July 2014
she is still lawfully wedded wife of your brother in law . apply for succession certificate
Dr Anil Kumar Singh
(Expert) 12 July 2014
Get a family detail issued by tehsildar concerned, certificate to the effect that she is the legally wedded wife of your brother In Law, Voter ID and other proofs of the relation along with an application claiming all benefits arising out of the death of her husband be submitted through regd post to HOD of the dept of your BIL.
Advocate Bhartesh goyal
(Expert) 12 July 2014
Yes apply for succession certificate and on the basis of certificate you can claim pension and other benefits.
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
During the pendency of divorce suit one of the parties to divorce expired, thereby the suit becomes infructuous and stands dismissed, therefore the status of your sister as a legally wedded wife to your brother in law remains in tact and stands good. Now she has to inform her husband's office about the death of her husband and to claim pension and other terminal benefits due to him as his nominee/legally wedded wife by enclosing death certificate. On receipt of the written application his employer will send a set of forms to be complied with and returned completed in all respects. First do this and then you will come to know the further procedures automatically.
Raj Kumar Makkad
(Expert) 14 July 2014
The querist is totally silent and it seems he is totally unaware about the cross-questions of the experts meant to resolve his query hence there is no use to waste our time.
P. Venu
(Expert) 15 July 2014
Where was your brother-in-law employed? Was he in Government service?
