Retirement benefits to daughter of second wife

gowthami (Querist) 23 May 2012 This query is : Resolved
my father worked as executive officer at panchayat office in tamilnadu.
i am 26 years old and daughter of my father's second wife.my father had no contact with his first wife for more than 25 years but not divorced.
just before retirement,first wife gave written complaint to his office and he was suspended from the service(APR-2006).
he was not actually retired. i got married in AUG-2006.my father died on 02.10.2006.but his retirement benefits were kept pending for a long time 2006 to 2012.
first wife (she had no children) and myself (daughter of second wife) are declared as legal heirs by Revenue dept.
please guide whether i am eligible to get the share of my father's retirement benefits .

Follow Query

Report Abuse

Nadeem Qureshi (Expert) 23 May 2012
yes, you have right.
Feel free to call

Adv.R.P.Chugh (Expert) 23 May 2012
If you have been declared to be the legal heirs - then there should'nt be any problems.

A V Vishal (Expert) 24 May 2012
The provision of the Hindu marriage act was amended by the Marriage Laws (Amendment) Act in 1976 to declare that children of void marriages (whether declared void or not) are legitimate children. in the present case, relying on the amended proviso which points out that Section 16 (1) of the Act lays down that even though a marriage is null and void, any child of such a marriage, who would have been legitimate had the marriage been valid, shall be deemed legitimate. This legal fiction of legitimacy has been created so that children of void and voidable marriages do not suffer for no fault of theirs. However, children of void and voidable marriages are entitled to a right in the property of only their parents, not other relatives. And they do not enjoy an interest in coparcenary property.

Chanchal Nag Chowdhury (Expert) 24 May 2012
Yes. U R entitled to 1/2 the benefits(assuming your mother is dead since U have stated nothing about her) except widow pension,if any.